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REVISED STATUTES
OF
ONTARIO, 1980
BEING A
REVISION AND CONSOLIDATION OF THE PUBLIC GENERAL
ACTS OF THE LEGISLATURE OF ONTARIO, PUBLISHED
UNDER THE AUTHORITY OF THE STATUTES
REVISION ACT, 1979
VOL. 1
TORONTO
PRINTED AND PUBLISHED BY THE QUEEN'S PRINTER
REVISED STATUTES OF ONTARIO, 1980
VOLUME 1
TABLE OF CONTENTS
CHAP. PAGE
1 — Abandoned Orchards Act 1
2 — Absconding Debtors Act 5
3 — Absentees Act 11
4 — Accidental Fires Act 13
5 — Accumulations Act 15
6 — Administration of Justice Act 17
7 — Age of Majority and Accountability Act 21
8 — Agricultural Associations Act.
9 — Agricultural Committees Act.
10 — Agricultural Development Finance Act 35
11 — Agricultural Rehabilitation and Development Act (Ontario) 37
12 — Agricultural Representatives Act ^ 43
13 — Agricultural Research Institute of Ontario Act 45^
14 — Agricultural Societies Act 49
15 — Agricultural Tile Drainage Installation Act 65
16 — Airports Act 73
17 — Alcoholism and Drug Addiction Research Foundation Act 75
18 — Algonquin Forestry Authority Act 79
19 — Aliens' Real Property Act 85
20 — Ambulance Act 87
21 — Anatomy Act 97
22 — Animals for Research Act 103
23 — Apportionment Act 119
24 — Apprenticeship and Tradesmen's Qualification Act 1 21
25 — Arbitrations Act 135
26 — Architects Act 145
27 — Archives Act 157
28 — Art Gallery of Ontario Act 161
29 — Artificial Insemination of Live Stock Act 169
30 — Arts Council Act 179
31 — Assessment Act 181
32 — Assessment Review Court Act 241
33 — Assignments and Preferences Act 243
34 — Athletics Control Act 259
35 — Audit Act 267
36 — Bail Act 279
37 — Bailiffs Act 283
38 — Barristers Act 291
39 — Beach Protection Act 293
40 — Beds of Navigable Waters Act 299
41 — Beef Cattle Marketing Act 301
42 — Bees Act 311
43 — Bills of Sale Act 319
44 — Blind Persons' Rights Act 325
45 — Blind Workmen's Compensation Act 327
46 — Boilers and Pressure Vessels Act 329
47 — Boundaries Act 345
[iiil
iV TABLE OF CONTENTS
VOLUME '\— Continued
CHAP. PAGE
48 — Bread Sales Act 351
49 — Bridges Act 355
50 — Brucellosis Act 357
51 —Building Code Act 361
52 — Bulk Sales Act 379
53 — Bull Owners' Liability Act 393
54 — Business Corporations Act 395
55 — Business Practices Act 555
56 — Business Records Protection Act 569
57 — Cancer Act 571
58 — Cancer Remedies Act 577
59 — Cemeteries Act 581
60 — Centennial Centre of Science and Technology Act 61 1
61 —Certification of Titles Act 615
62 — Change of Name Act 621
63 — Charitable Gifts Act 631
64 — Charitable Institutions Act 635
65 — Charities Accounting Act 645
66 — Child Welfare Act 651
67 — Children's Institutions Act... 735
68 — Children's Law Reform Act 743
69 — Children's Mental Health Services Act 749
70 — Children's Probation Act 759
71 — Children's Residential Services Act 761
72 — Chiropody Act 775
73 — Collection Agencies Act 779
74 — Colleges Collective Bargaining Act 797
75 — Commissioners for taking Affidavits Act 837
76 — Commodity Board Members Act 841
77 — Commodity Boards and Marketing Agencies Act 845
78 — Commodity Futures Act 849
79 — Community Psychiatric Hospitals Act 889
80 — Community Recreation Centres Act 893
81 — Commuter Services Act 901
82 — Compensation for Victims of Crime Act 905
83 — Compulsory Automobile Insurance Act 917
84 — Condominium Act 927
85 — Conservation Authorities Act 977
86 — Constitutional Questions Act 1001
87 — Consumer Protection Act 1003
88 — Consumer Protection Bureau Act 1023
89 — Consumer Reporting Act 1025
90 — Conveyancing and Law of Property Act 1043
91 — Co-operative Corporations Act 1061
92 — Co-operative Loans Act 1169
93 — Coroners Act 1175
ALPHABETICAL TABLE OF STATUTES
CONTAINED IN THE
REVISED STATUTES OF ONTARIO, 1980
VOLUME 1
CHAP.
1 —Abandoned Orchards Act
2 — Absconding Debtors Act
3 — Absentees Act
4 — Accidental Fires Act
5 — Accumulations Act
6 — Administration of Justice Act
7 — Age of Majority and Accountability Act
8 — Agricultural Associations Act
9 — Agricultural Committees Act
10 — Agricultural Development Finance Act
11 —Agricultural Rehabilitation and Development Act (Ontario)
12 — Agricultural Representatives Act
13 — Agricultural Research Institute of Ontario Act
14 — Agricultural Societies Act
15 — Agricultural Tile Drainage Installation Act
16 — Airports Act
17 — Alcoholism and Drug Addiction Research Foundation Act
18 — Algonquin Forestry Authority Act
19 — Aliens' Real Property Act
20 — Ambulance Act
21 — Anatomy Act
22 — Animals for Research Act
23 — Apportionment Act
24 — Apprenticeship and Tradesmen's Qualification Act
25 — Arbitrations Act
26 — Architects Act
27 — Archives Act
28 — Art Gallery of Ontario Act
29 — Artificial Insemination of Live Stock Act
30 — Arts Council Act
31 — Assessment Act
32 — Assessment Review Court Act
33 — Assignments and Preferences Act
34 — Athletics Control Act
35 — Audit Act
36 — Bail Act
37 — Bailiffs Act
38 — Barristers Act
39 — Beach Protection Act
40 — Beds of Navigable Waters Act
41 — Beef Cattle Marketing Act
42 — Bees Act
43 — Bills of Sale Act
44 — Blind Persons' Rights Act
45 — Blind Workmen's Compensation Act
46 — Boilers and Pressure Vessels Act
[vj
ALPHABETICAL LIST OF STATUTES
VOLUME '\— Continued
CHAP.
47 — Boundaries Act
48 — Bread Sales Act
49 — Bridges Act
50 — Brucellosis Act
51 — Building Code Act
52 — Bulk Sales Act
53 — Bull Owners' Liability Act
54 — Business Corporations Act
55 — Business Practices Act
56 — Business Records Protection Act
57 — Cancer Act
58 — Cancer Remedies Act
59 — Cemeteries Act
60 — Centennial Centre of Science and Technology Act
61 — Certification of Titles Act
62 — Change of Name Act
63 — Charitable Gifts Act
64 — Charitable Institutions Act
65 — Charities Accounting Act
66 — Child Welfare Act
67 — Children's Institutions Act
68 — Children's Law Reform Act
69 — Children's Mental Health Services Act
70 — Children's Probation Act
71 — Children's Residential Services Act
72 — Chiropody Act
73 — Collection Agencies Act
74 — Colleges Collective Bargaining Act
75 — Commissioners for taking Affidavits Act
76 — Commodity Board Members Act
77 — Commodity Boards and Marketing Agencies Act
78 — Commodity Futures Act
79 — Community Psychiatric Hospitals Act
80 — Community Recreation Centres Act
81 — Commuter Services Act
82 — Compensation for Victims of Crime Act
83 — Compulsory Automobile Insurance Act
84 — Condominium Act
85 — Conservation Authorities Act
86 — Constitutional Questions Act
87 — Consumer Protection Act
88 — Consumer Protection Bureau Act
89 — Consumer Reporting Act
90 — Conveyancing and Law of Property Act
91 — Co-operative Corporations Act
92 — Co-operative Loans Act
93 — Coroners Act
VOLUME 2
94 — Corporation Securities Registration Act
95 — Corporations Act
ALPHABETICAL LIST OF STATUTES
VOLUME 2— Continued
CHAP.
96 — Corporations Information Act
97 — Corporations Tax Act
98 — Costs of Distress Act
99 — County Court Judges' Criminal Courts Act
1 00 — Cou nty Cou rts Act
101 — County Judges Act
102 — Credit Unions and Caisses Populaires Act
103 — Creditors' Relief Act
104 — Crop Insurance Act (Ontario)
105 — Crown Administration of Estates Act
106 — Crown Agency Act
107 — Crown Attorneys Act
108 — Crown Employees Collective Bargaining Act
109 — Crown Timber Act
110 — Crown Witnesses Act
111 — Day Nurseries Act
112 — Dead Animal Disposal Act
1 13 — Debt Collectors Act
114 — Dental Technicians Act
115 — Denture Therapists Act
116 — Deposits Regulation Act
117 — Development Corporations Act
118 — Developmental Services Act
119 — Discriminatory Business Practices Act
1 20 — Disorderly Houses Act
121 — District Municipality of Muskoka Act
122 — District Welfare Administration Boards Act
123 — Dog Licensing and Live Stock and Poultry Protection Act
124 — Dog Owners' Liability Act
125 — Dominion Courts Act
126 — Drainage Act
1 27 — Drugless Practitioners Act
128 — Edible Oil Products Act
129 — Education Act
130 — Egress from Public Buildings Act
131 — Elderly Persons Centres Act
132 — Elderly Persons' Housing Aid Act
133 — Election Act
134 — Election Finances Reform Act
135 — Elevating Devices Act
136 — Employment Agencies Act
137 — Employment Standards Act
138 — Endangered Species Act
139 — Energy Act
140 — Environmental Assessment Act
141 — Environmental Protection Act
ALPHABETICAL LIST OF STATUTES
VOLUME 3
CHAP.
142 — Escheats Act
143 — Estates Administration Act
144 — Estreats Act
145 — Evidence Act
1 46 — Execution Act
147 — Executive Council Act
148 — Expropriations Act
149 — Extra-Judicial Services Act
150 — Factors Act
151 — Family Benefits Act
152 — Family Law Reform Act
1 53 — Farm Income Stabilization Act
154 — Farm Loans Act
155 — Farm Loans Adjustment Act
156 — Farm Products Containers Act
157 — Farm Products Grades and Sales Act
158 — Farm Products Marketing Act
1 59 — Farm Products Payments Act
160 — Ferries Act
161 — Financial Administration Act
162 — Fines and Forfeitures Act
1 63 — Fire Accidents Act
164 — Fire Departments Act
165 — Fire Fighters Exemption Act
166 — Fire Marshals Act
167 — Fish Inspection Act
1 68 — Fisheries Loans Act
169 — Flag Act
170 — Floral Emblem Act
171 — Fluoridation Act
172 — Foreign Cultural Objects Immunity from Seizure Act
173 — Forest Fires Prevention Act
174 — Forest Tree Pest Control Act
175 — Forestry Act
176 — Fraudulent Conveyances Act
177 — Fraudulent Debtors Arrest Act
178 — Freshwater Fish Marketing Act (Ontario)
179 — Frustrated Contracts Act
180 — Funeral Services Act
181 — Fur Farms Act
182 — Game and Fish Act
183 — Gaming Act
184 — Gas and Oil Leases Act
185 — Gasoline Handling Act
1 86 — Gasoline Tax Act
1 87 — General Sessions Act
188 — General Welfare Assistance Act
1 89 — Gold Clauses Act
190 — Government Contracts Hours and Wages Act
191 — Grain Elevator Storage Act
192 — Guarantee Companies Securities Act
ALPHABETICAL LIST OF STATUTES
VOLUME 3— Continued
CHAP.
193 — Habeas Corpus Act
194 — Haliburton Act
195 — Healing Arts Radiation Protection Act
196 — Health Disciplines Act
197 — Health Insurance Act
198 — Highway Traffic Act
199 — Historical Parks Act
200 — Homemakers and Nurses Services Act
201 — Homes for Retarded Persons Act
202 — Homes for Special Care Act
203 — Homes for the Aged and Rest Homes Act
204 — Horticultural Societies Act
205 — Hospital Labour Disputes Arbitration Act
206 — Hospitals and Charitable Institutions Inquiries Act
207 — Hotel Fire Safety Act
208 — Hotel Registration of Guests Act
209 — Housing Development Act
210 — Human Tissue Gift Act
21 1 — Hunter Damage Compensation Act
212 — Hypnosis Act
213 — Income Tax Act
214 — Indian Welfare Services Act
215 — Industrial and Mining Lands Compensation Act
216 — Industrial Standards Act
217 — Inkeepers Act
218 — Insurance Act
219 — Interpretation Act
220 — Interprovincial Subpoenas Act
221 — Investment Contracts Act
222 — Judges' Orders Enforcement Act
223 — Judicature Act
224 — Judicial Review Procedure Act
225 — Junior Farmer Establishment Act
226 — Juries Act
227 — Justices of the Peace Act
VOLUME 4
228 — Labour Relations Act
229 — Lakes and Rivers Improvement Act
230 — Land Titles Act
231 — Land Transfer Tax Act
232 — Landlord and Tenant Act
233 — Law Society Act
234 — Legal Aid Act
235 — Legislative Assembly Act
236 — Legislative Assembly Retirement Allowances Act
237 — Libel and Slander Act
238 — Lieutenant Governor Act
ALPHABETICAL LIST OF STATUTES
VOLUME
Continued
CHAP.
239 — Lightning Rods Act
240 — Limitations Act
241 — Limited Partnerships Act
242 — Line Fences Act
243 — Liquor Control Act
244 — Liquor Licence Act
245 — Live Stock and Live Stock Products Act
246 — Live Stock Branding Act
247 — Live Stock Community Sales Act
248 — Live Stock Medicines Act
249 — Loan and Trust Corporations Act
250 — Local Improvement Act
251 — Local Roads Boards Act
252 — Local Services Boards Act
253 — Lord's Day (Ontario) Act
254 — Management Board of Cabinet Act
255 — Marine Insurance Act
256 — Marriage Act
257 — Master and Servant Act
258 — Matrimonial Causes Act
259 — McMichael Canadian Collection Act
260 — Meat Inspection Act (Ontario)
261 — Mechanics' Lien Act
262 — Mental Health Act
263 — Mental Hospitals Act
264 — Mental Incompetency Act
265 — Mercantile Law Amendment Act
266 — Milk Act
267 — Mineral Emblem Act
268 — Mining Act
269 — Mining Tax Act
270 — Ministry of Agriculture and Food Act
271 — Ministry of the Attorney General Act
272 — Ministry of Colleges and Universities Act
273 — Ministry of Community and Social Services Act
274 — Ministry of Consumer and Commercial Relations Act
275 — Ministry of Correctional Services Act
276 — Ministry of Culture and Recreation Act
277 — Ministry of Energy Act
278 — Ministry of the Environment Act
279 — Ministry of Government Services Act
280 — Ministry of Health Act
281 — Ministry of Housing Act
282 — Ministry of Industry and Tourism Act
283 — Ministry of Intergovernmental Affairs Act
284 — Ministry of Labour Act
285 — Ministry of Natural Resources Act
286 — Ministry of Northern Affairs Act
287 — Ministry of Revenue Act
288 — Ministry of the Solicitor General Act
289 — Ministry of Transportation and Communications Act
290 — Ministry of Transportation and Communications Creditors
Payment Act
291 — Ministry of Treasury and Economics Act
292 — Minors Act
293 — Minors' Protection Act
ALPHABETICAL LIST OF STATUTES
VOLUME A— Continued
CHAP.
294 — Moosonee Development Area Board Act
295 — Mortgage Brokers Act
296 — Mortgages Act
297 — Mortmain and Charitable Uses Act
VOLUME 5
298 — Motor Vehicle Accident Claims Act
299 — Motor Vehicle Dealers Act
300 — Motor Vehicle Fuel Tax Act
301 — Motorized Snow Vehicles Act
302 — Municipal Act
303 — Municipal Affairs Act
304 — Municipal Arbitrations Act
305 — Municipal Conflict of Interest Act
306 — Municipal Corporations Quieting Orders Act
307 — Municipal Elderly Resident's Assistance Act
308 — Municipal Elections Act
309 — Municipal Franchises Act
310 — Municipal Health Services Act
31 1 — Municipal Tax Assistance Act
312 — Municipal Unemployment Relief Act
313 — Municipal Works Assistance Act
314 — Municipality of Metropolitan Toronto Act
315 — Negligence Act
316 — Niagara Escarpment Planning and Development Act
317 — Niagara Parks Act
318 — Non-resident Agricultural Land Interests Registration Act
319 — Notaries Act
320 — Nursing Homes Act
321 — Occupational Health and Safety Act
322 — Occupiers' Liability Act
323 — Official Notices Publication Act
324 — Oleomargarine Act
325 — Ombudsman Act
326 — One Day's Rest in Seven Act
327 — Ontario Agricultural Museum Act
328 — Ontario Deposit Insurance Corporation Act
329 — Ontario Economic Council Act
330 — Ontario Education Capital Aid Corporation Act
331 — Ontario Educational Communications Authority Act
332 — Ontario Energy Board Act
333 — Ontario Energy Corporation Act
334 — Ontario Food Terminal Act
335 — Ontario Geographic Names Board Act
336 — Ontario Guaranteed Annual Income Act
337 — Ontario Heritage Act
338 — Ontario Highway Transport Board Act
339 — Ontario Housing Corporation Act
XII
ALPHABETICAL LIST OF STATUTES
VOLUME S— Continued
CHAP.
340 — Ontario Human Rights Code
341 — Ontario Institute for Studies in Education Act
342 — Ontario Land Corporation Act
343 — Ontario Law Reform Commission Act
344 — Ontario Lottery Corporation Act
345 — Ontario Mental Health Foundation Act
346 — Ontario Mineral Exploration Program Act
347 — Ontario Municipal Board Act
348 — Ontario Municipal Employees Retirement System Act
349 — Ontario Municipal Improvement Corporation Act
350 — Ontario New Home Warranties Plan Act
351 — Ontario Northland Transportation Commission Act
352 — Ontario Pensioners Property Tax Assistance Act
353 — Ontario Place Corporation Act
354 — Ontario Planning and Development Act
355 — Ontario School Trustees' Council Act
356 — Ontario Society for the Prevention of Cruelty to Animals Act
357 — Ontario Telephone Development Corporation Act
358 — Ontario Transportation Development Corporation Act
359 — Ontario Unconditional Grants Act
360 — Ontario Universities Capital Aid Corporation Act
361 — Ontario Water Resources Act
362 — Ontario Youth Employment Act
VOLUME 6
363 — Operating Engineers Act
364 — Ophthalmic Dispensers Act
365 — Oxford (County of) Act
366 — Paperback and Periodical Distributors Act
367 — Parks Assistance Act
368 — Parkway Belt Planning and Development Act
369 — Partition Act
370 — Partnerships Act
371 — Partnerships Registration Act
372 — Pawnbrokers Act
373 — Pension Benefits Act
374 — Perpetuities Act
375 — Personal Property Security Act
376 — Pesticides Act
377 — Petroleum Resources Act
378 — Pits and Quarries Control Act
379 — Planning Act
380 — Plant Diseases Act
381 — Police Act
382 — Policy and Priorities Board of Cabinet Act
383 — Pounds Act
384 — Power Corporation Act
385 — Power Corporation Insurance Act
386 — Powers of Attorney Act
387 — Prearranged Funeral Services Act
388 — Prepaid Hospital and Medical Services Act
ALPHABETICAL LIST OF STATUTES
XIII
VOLUME ^-Continued
CHAP.
389 — Private Hospitals Act
390 — Private Investigators and Security Guards Act
391 — Private Sanitaria Act
392 — Private Vocational Schools Act
393 — Proceedings Against the Crown Act
394 — Professional Engineers Act
395 — Property and Civil Rights Act
396 — Provincial Auctioneers Act
397 — Provincial Court (Civil Division) Project Act
398 — Provincial Courts Act
399 — Provincial Land Tax Act
400 — Provincial Offences Act
401 — Provincial Parks Act
402 — Provincial Parks Municipal Tax Assistance Act
403 — Provincial Schools Negotiations Act
404 — Psychologists Registration Act
405 — Pub
406 — Pub
407 — Pub
408 — Pub
409 — Pub
410 — Pub
411— Pub
412 — Pub
413 — Pub
414 — Pub
415 — Pub
416 — Pub
417 — Pub
418 — Pub
419 — Pub
420 — Pub
421— Pub
422 — Pub
423 — Pub
424 — Pub
425 — Pub
426 — Pub
c Accountancy Act
c Authorities Protection Act
c Commercial Vehicles Act
c Halls Act
c Health Act
c Hospitals Act
c Inquiries Act
c Institutions Inspection Act
c Lands Act
c Libraries Act
c Officers Act
c Officers' Fees Act
c Parks Act
c Service Act
c Service Superannuation Act
c Service Works on Highways Act
c Transportation and Highway Improvement Act
c Trustee Act
c Utilities Act
c Utilities Corporations Act
c Vehicles Act
c Works Protection Act
427 — Quieting Titles Act
428 — Race Tracks Tax Act
429 — Racing Commission Act
430 — Radiological Technicians Act
431 — Real Estate and Business Brokers Act
432 — Reciprocal Enforcement of Judgments Act
433 — Reciprocal Enforcement of Maintenance Orders Act
XIV
ALPHABETICAL LIST OF STATUTES
VOLUME?
CHAP.
434 — Regional Municipa
435 — Regional Municipa
436 — Regional Municipa
437 — Regional Municipa
438 — Regional Municipa
439 — Regional Municipa
440 — Regional Municipa
441 — Regional Municipa
442 — Regional Municipa
443 — Regional Municipa
444 — Registered Insurance Brokers Act
445 — Registry Act
446 — Regulations Act
ty of Durham Act
ty of Haldimand-Norfolk Act
ty of Halton Act
ty of Hamilton-Wentworth Act
ty of Niagara Act
ty of Ottawa-Carleton Act
ty of Peel Act
ty of Sudbury Act
ty of Waterloo Act
ty of York Act
VOLUME 8
447 — Religious Freedom Act
448 — Religious Organizations' Lands Act
449 — Replevin Act
450 — Representation Act
451 — Research Foundation Act
452 — Residential Tenancies Act
453 — Retail Business Holidays Act
454 — Retail Sales Tax Act
455 — Riding Horse Establishments Act
456 — Rightsof Labour Act
457 — Road Access Act
458 — Royal Ontario Museum Act
459 — Rural Housing Assistance Act
460 — Rural Hydro-Electric Distribution Act
461 — Rural Power District Loans Act
462 — Sale of Goods Act
463 — Sanatoria for Consumptives Act
464 — School Boards and Teachers Collective Negotiations Act
465 — School Trust Conveyances Act
466 — Securities Act
467 — Seed Potatoes Act
468 — Settled Estates Act
469 — Settlers' Pulpwood Protection Act
470 — Sheriffs Act
471 — Shoreline Property Assistance Act
472 — Short Forms of Conveyances Act
473 — Short Forms of Leases Act
474 — Short Forms of Mortgages Act
475 — Small Business Development Corporations Act
476 — Small Claims Courts Act
477 — Snow Roads and Fences Act
478 — Solicitors Act
479 — Spruce Pulpwood Exportation Act
480 — Statistics Act
ALPHABETICAL LIST OF STATUTES
VOLUME S^Continued
CHAP.
481 — Statute of Frauds
482 — Statute Labour Act
483 — Statutes Act
484 — Statutory Powers-Procedure Act
485 — St. Clair Parkway Commission Act
486 — St. Lawrence Parks Commission Act
487 — Stock Yards Act
488 — Succession Law Reform Act
489 — Successor Rights (Crown Transfers) Act
490 — Superannuation Adjustment Benefits Act
491 — Surrogate Courts Act
492 — S u rvey o rs Act
493 — Surveys Act
494 — Teachers' Superannuation Act
495 — Teaching Profession Act
496 — Telephone Act
497 — Territorial Division Act
498 — Theatres Act
499 — Ticket Speculation Act
500 — Tile Drainage Act
501— Time Act
502 — Tobacco Tax Act
503 — Toll Bridges Act
504 — Topsoil Preservation Act
505 — Toronto Area Transit Operating Authority Act
506 — Toronto Stock Exchange Act
507 — Tourism Act
508 — Trai ni ng Schools Act
509 — Travel Industry Act
510 — Trees Act
51 1 — Trespass to Property
512 — Trustee Act
513 — Unclaimed Articles Act
514 — Unconscionable Transactions Relief Act
515 — Unified Family Court Act
516 — University Expropriation Powers Act
517 — Upholstered and Stuffed Articles Act
518 — Urban Transportation Development Corporation Ltd. Act
519 — Variation of Trusts Act
520 — Vendors and Purchasers Act
521 — Venereal Diseases Prevention Act
522 — Veterinarians Act
523 — Vexatious Proceedings Act
524 — Vital Statistics Act
525 — Vocational Rehabilitation Services Act
526 — Wages Act
527 — War Veterans Burial Act
xvi ALPHABETICAL LIST OF STATUTES
VOLUME B— Continued
CHAP.
528 — Warehouse Receipts Act
529 — Warehousemen's Lien Act
530 — Weed Control Act
531 — Wharfs and Harbours Act
532 — Wild Rice Harvesting Act
533 — Wilderness Areas Act
534 — Wine Content Act
535 — Woodlands Improvement Act
536 — Woodmen's Employment Act
537 — Woodmen's Lien for Wages Act
538 — Wool Marketing Act
539 — Workmen's Compensation Act
540 — Workmen's Compensation Insurance Act
Sec. 1 (1) (/) ABANDONED ORCHARDS Chap. 1
CHAPTER 1
Abandoned Orchards Act
l.-(l) In this Act. ^ £^-r-
(a) "abandoned orchard" means an orchard,
(i) the fruit of which has not been produced for
sale for human consumption for two consecu-
tive growing seasons, and
(ii) that has been designated by a certificate of
the Provincial Entomologist as a neglected
orchard ;
(6) "Director" means the Director appointed under this
Act;
(c) "fruit tree disease" means any disease or injury of a
fruit tree that is caused by an insect, virus, fungus,
bacterium or other organism ;
(d) "fruit trees" means,
(i) apple trees,
(ii) cherry trees,
(iii) grape vines,
(iv) peach trees,
(v) pear trees,
(vi) plum trees, and
(vii) such other fruit-producing trees, shrubs or
vines as are designated in the regulations;
{e) "inspector" means an inspector appointed under this
Act;
(/■) "orchard" means an area of land of at least one-fifth
hectare on which there are at least thirteen fruit trees and
on which the number of fruit trees bears a proportion to
2 Chap. 1 ABANDONED ORCHARDS SeC. 1 (1) (/)
the area of at least sixty-five fruit trees per hectare;
{g) "owner" means the person shown as the owner of
the property on the last revised assessment roll of
the municipality in which the property is located;
(A) "Provincial Entomologist" means the Provincial En-
tomologist for Orchards appointed under this Act ;
(i) "regulations" means the regulations made under this
Act. R.S.O. 1970, c. 1, s. 1 (1); 1978, c. 87, s. 1 (1).
Application (2) This Act applies only to orchards any part of which is
closer than 275 metres to an orchard that is used for the commer-
cial production of fruit and that does not come within the applica-
tion of section 4. R.S.O. 1970, c. l,s. 1(2); 1978, c. 87, s. 1(2).
Administra-
tion of Act
2. The Lieutenant Governor in Council may appoint a
Director to administer this Act, and may appoint a Provincial
Entomologist for Orchards and one or more inspectors who
shall carry out such duties as are assigned to them by this Act
or the regulations or by the Director. R.S.O. 1970, c. 1, s. 2.
Inspection 3, — (1) An inspector or the Provincial Entomologist may,
between sunrise and sunset, for the purpose of making an
inspection, enter any orchard or any premises in which he has
reason to believe there is an orchard.
Idem
Report of
inspector
(2) No person shall hinder or obstruct an inspector or the
Provincial Entomologist in the course of his duties or furnish
him with false information or refuse to furnish him with
information. R.S.O. 1970, c. 1, s. 3.
4. — (1) Where an inspector reports in writing to the Direc-
tor that in his opinion the majority of the fruit trees in an
orchard,
(a) are infected with any fruit tree disease ;
(b) are affected by such other conditions as are designated
in the regulations;
(c) have not been properly pruned, sprayed or treated
with chemicals; or
{d) have not otherwise been properly maintained,
so as to seriously affect at that time the ability of the fruit
trees to produce fruit commercially, the Director shall cause
Sec. 5 (4) ABANDONED ORCHARDS Chap. 1 3
a copy of such report to be served on the owner of the orchard
and on the Provincial Entomologist together with a notice
that unless the owner or a person having an interest in the
orchard mails or delivers to the Provincial Entomologist
within fifteen days after service of the notice, a notice request-
ing a hearing, the Provincial Entomologist may issue a certi-
ficate designating the orchard as a neglected orchard.
(2) The copy of the report and notice mentioned in sub-S^^v^ce
section (1) shall be served upon the owner by personal service
or by mailing them addressed to him at his address shown
on the last revised assessment roll, and shall be posted in a
conspicuous place in the orchard. 1971, c. 50, s. 1, part.
5. — (1) If, within fifteen days after service of the copy i|S'J®Qof^^g
and notice mentioned in subsection 4 (1),
{a) the owner or a person having an interest in the
orchard does not mail or deliver a request for a
hearing to the Provincial Entomologist, the Pro-
vincial Entomologist may issue a certificate designat-
ing the orchard as a neglected orchard ; or
{h) the owner or a person having an interest in the orchard
mails or delivers to the Provincial Entomologist, a notice
requesting a hearing, the Provincial Entomologist shall
hold a hearing and if, after the hearing, he concurs in the
report he may issue a certificate designating the orchard
as a neglected orchard.
(2) The person requesting the hearing, the inspector making Parties to
the report and such other persons as the Provincial Ento-
mologist may specify, are parties to a hearing required under
subsection (1).
(3) Where the Provincial Entomologist holds a hearing {°?J'^^^'j°^°^y
under this section, he may inspect the orchard to which it Entomologist
relates, affording to the person requesting the hearing or his
representative an opportunity of being present at the time
of such inspection, and may take into consideration the result
of the inspection in reaching his decision.
(4) A certificate designating an orchard as a neglected flrufi^te
orchard shall be served upon the owner and, where a hearing
was held, upon the person requesting the hearing if he is not
the owner, by mailing or delivering a copy thereof to his
address last known to the Provincial Entomologist, and a
copy of the certificate shall be posted in a conspicuous place
in the orchard. 1971, c. 50, s. 1, part.
Chap. 1
ABANDONED ORCHARDS
Sec. 6
S*oertifloa^e ®* ^^^ Provincial Entomologist may at any time revoke
a certificate issued under section 5. 1971, c. 50, s. 1, part.
Where
service
deemed
made
7. Where service of a report, notice or certificate under
section 4 or 5 is made by mail, the service shall be deemed
to be made on the third day after the day of mailing unless
the person on whom service is being made establishes that
he did not, acting in good faith, through absence, accident,
illness or other cause beyond his control receive the report,
notice or certificate until a later date. 1971, c. 50, s. 1, part.
Deetruotion g. Every person who is the owner of an abandoned orchard
abandoned shall destroy,
orchards "^
(a) all fruit trees in the orchard ; and
{h) such other trees, shrubs or vines, present in the
orchard, as are designated in the regulations. R.S.O.
1970, c. 1, s. 7.
Penalty 9. — (1) Every person who contravenes any provision of
this Act or the regulations is guilty of an offence and on
conviction is liable to a fine of not more than $100.
Idem
(2) A person who is convicted of a contravention of sec-
tion 8 is liable on conviction to a further fine of $2 5 for each day the
contravention continues after conviction. R.S.O. 1970, c. 1,
s. 8.
Regulations jQ. The Lieutenant Governor in Council may make regula-
tions,
(a) respecting the issuance and revocation of certificates ;
(6) prescribing the duties of the Director, the Provincial
Entomologist and inspectors;
[c) designating fruit-producing trees, shrubs or vines as
fruit trees for the purpose of clause 1 (1) {d)\
[d) designating conditions affecting fruit trees for the
purposes of section 4 ;
[e) designating trees, shrubs or vines for the purposes of
section 8;
(/) prescribing forms and providing for their use;
{g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c.l,s. 9.
Sec. 4 ABSCONDING DEBTORS Chap. 2
CHAPTER 2
Absconding Debtors Act
1. In this Act, "property" includes credits and effects. Jnterpre-
R.S.O. 1970, c. 2, s. 1. '*"°°
2. — (1) Where a person resident in Ontario departs there- who to^be^^
from with intent to defraud his creditors or any of them, or absconding
to avoid being arrested or served with process, being then
possessed of any real or personal property therein not exempt
by law from seizure under execution, he shall be deemed an
absconding debtor, and such property may be seized and
taken by an order of attachment for the satisfying of his
debts.
(2) The order shall be made only in a pending action, when order
R.S.O. 1970, C. 2. S. 2. made*
3. — (1) Upon affidavit made by a plaintiff or his agent ^ffld^avit^
that the defendant is indebted to the plaintiff in a sumofatuch-
exceeding $100, stating the cause of action, and that the
deponent has good reason to believe and does believe that
such defendant has departed from Ontario and has gone to
some place, stating it, to which he is believed to have fled,
or that the deponent is unable to obtain any information
as to the place to which he has gone, with intent to de-
fraud his creditors or any of them, or to avoid being arrested
or served with process, and was, at the time of his so depart-
ing, possessed to his own use and benefit of real or personal
property in Ontario not exempt by law from seizure under
execution, and upon the further affidavit of two other persons
that they are well acquainted with the defendant and have
good reason to believe and do believe that he has departed
from Ontario with intent to defraud his creditors or any of
them, or to avoid being arrested or served with process, a
judge of the Supreme Court may make an order in the
Supreme Court for the attachment of the property of such
defendant.
(2) Where the sum claimed is within the jurisdiction of the ^°^^^^
county court, a judge thereof may in like manner make an jurisdiction
order of attachment in that court. R.S.O. 1970, c. 2, s. 3.
4. A copy of the order shall be served upon the defendant, service of
R.S.O. 1970. c. 2. s. 4.
Chap. 2
ABSCONDING DEBTORS
Sec. 5
Term of
validity
5. The order shall remain in force for six months. R.S.O.
1970, c. 2, s. 5.
Certified
copies of
order
6. The plaintiff may at any time while the order is in force
obtain from the proper officer one or more certified copies
thereof, which may be delivered to any sheriff other than the
sheriff to whom the original order was delivered, and he may
thereunder attach the property of the defendant in his bailiwick.
R.S.O. 1970, c. 2, s. 6.
Liability of
property to
attachment
Sale of live
stock and
perishable
goods
7. All the property of an absconding debtor liable to seizure
under execution may be attached in the same manner as it
might be seized under execution, and the sheriff to whom the
order of attachment is directed shall forthwith take into his
charge all such property, according to the exigency of the
order, and shall be allowed all necessary disbursements for
keeping the property, and he shall immediately call to his
assistance two substantial freeholders of his county, and with
their aid shall make a just and true inventory of all the
personal property, evidence of title or debts, books of account,
vouchers and papers that he has attached, and shall return
such inventory signed by himself and such freeholders, together
with the order. R.S.O. 1970, c. 2, s. 7.
8. — (1) Where horses, cattle, sheep or pigs, or perishable
property, or such as from its nature cannot be safely kept or
conveniently taken care of, are taken under an order of attach-
ment, the sheriff who attaches them shall have them appraised,
on oath, by two competent persons, and, if the plaintiff desires
it and deposits with the sheriff a bond to the defendant executed
by two freeholders, approved as sufficient by the sheriff, in
double the appraised value of the property, conditioned for
the payment of the appraised value to the defendant, his
executors or administrators, together with all costs and
damages incurred by the seizure and sale thereof, in case
judgment is not obtained by the plaintiff against the defendant,
then the sheriff shall proceed to sell all or any of such property
at public auction to the highest bidder, giving not less than six
days notice of the sale, unless any of the property is of such
a nature as not to allow of that delay, in which case the sheriff
may sell it forthwith, and the sheriff shall hold the proceeds
for the same purposes as he would hold property seized under
the order of attachment.
Restoration
(2) If the plaintiff, after notice to him or to his solicitor of
the seizure of any property mentioned in subsection (1), does not
deposit such bond, then, after four days next after the notice,
the sheriff is relieved from all liability to the plaintiff in respect
of the property so seized, and the sheriff shall forthwith restore
it to the person from whose possession it was taken. R.S.O.
1970, c. 2, s. 8.
Sec. 12 (1) ABSCONDING DEBTORS Chap. 2 7
9. — ( 1 ) Where the sheriff finds any property, or the proceeds i^^'g'hertff °^^
of any property that has been sold as perishable, belonging finds pro-
to the defendant in the custody of a constable or of a bailiff or hands of a
clerk of a small claims court under a warrant of attachment cferk of a
issued, or finds money paid into court under a garnishment cmfrt'^^*^"^*
summons under the Small Claims Courts Act, the sheriff shall R so. iqso.
demand and is entitled to receive the property or money from
the constable, bailiff or clerk, who, on demand and notice of
the order of attachment, shall forthwith deliver it to the sheriff,
under the penalty of forfeiting double the value thereof, to be
recovered by the sheriff, with costs of suit, and to be by him
accounted for after deducting his own costs, as part of the
property of the defendant, but the creditor who has sued out
the warrant of attachment or taken the garnishment proceed-
ings in the small claims court may proceed to judgment, and
on obtaining judgment, and serving a certificate of the amount
thereof, and of the costs, under the hand of the clerk and the
seal of the small claims court, is entitled to share in the distribu-
tion, if any, bv the sheriff under the Creditors' Relief Act. RS.o. i98o.
(2) The costs and disbursements of such constable or bailiff P°f,^°^
^ ' Dailinor
are a first charge upon such property and proceeds and shall consubie
be paid by the sheriff upon demand after being taxed by the
clerk of the small claims court. R.S.O. 1970, c. 2, s. 9.
10. The costs of the sheriff for seizing and taking charge of sherifTs
property under an order of attachment, including the sums how paid
paid to persons for assisting in taking an inventor^' and for
appraising, shall be paid in the first instance by the plaintiff,
and when paid shall be taxed to him as disbursements in the
action. R.S.O. 1970, c. 2, s. 10.
1 1. Where the sheriff has made an inventory and appraise- cj>^*jj>^
ment on the first order of attachment, he shall not be required
to make nor shall he be allowed for a new inventory and
appraisement upon a subsequent order coming into his hands.
R.S.O. 1970, c. 2, s. 11.
12. — (1) Where the defendant or any person on his behalf J«|^o^t^io°
executes and files in the office from which the order of attach- debtor on
ills fiviiiflr
ment, or the first order if there are more than one, was issued, security
a bond to the sheriff with at least two sufficient sureties
approved by the proper officer in such office or by the local
judge or master, binding the obligors jointly and severally in
double the appraised value of the property attached, condi-
tioned that the defendant {naming him) will whenever re-
quired by order of a judge of the court pay into court the
appraised value of the property or so much thereof as will be
sufficient to satisfy the claims of all creditors who may be
entitled to share in the proceeds of the property, or will
Chap. 2
ABSCONDING DEBTORS
Sec. 12 (1)
produce and deliver to the sheriff the property attached, a
judge of the court may direct that such property be restored
to the debtor.
Proceedings
on default
(2) If within one month after the property has been attached
such bond is not executed and filed, a judge of the court may
direct the sheriff to sell any of the goods and chattels that have
been attached, except chattels real, upon such terms as the
judge considers just. R.S.O. 1970, c. 2, s. 12.
Costs of
first
attachment
13. The costs of the first order of attachment and of the
execution thereof have priority over all execution debts and
other costs. R.S.O. 1970, c. 2, s. 13.
Liability of 14, — (1) Where notice in writing of the order of attach-
paying debts ment has been duly served by the sheriff, or by or on behalf
ing debtor' of the plaintiff, upon a person owing a debt or demand to, or
after notice ^j^^ j^^^^ ^^^ custody or posscssion of property of, the defend-
attachment ^nt, and such person after such notice pays the debt or
demand or delivers the property to the defendant or to any
one for him, he shall be deemed to have done so fraudulently,
and, if the other property seized by the sheriff is insufficient
to satisfy the claims of all creditors who are or become en-
titled to be paid out of the property or the proceeds thereof,
such person is liable to the sheriff for the amount of the debt
or demand so paid or for the property so delivered or the
value thereof.
Duty of
sheriff
(2) The sheriff is not bound to sue until a bond is given by
one or more of the plaintiffs or claimants with two sufficient
sureties, who may be another of the plaintiffs or claimants,
payable to the sheriff by his name of office in double the
amount of the debt or of the value of the property sued for,
conditioned to indemnify him from all costs, loss and expense
that he may incur in the prosecution of the action or to which
he may become liable in consequence thereof.
stay of
proceedings
taken by
absconding
debtor
(3) If, after the notice mentioned in subsection (1), a person
indebted to the defendant, or having the custody or possession
of any of his property, is sued for the debt, demand or property
by the defendant, or by the person to whom he has assigned
the debt, demand or property since the date of the order of
attachment, he may, on affidavit, apply to a judge of the court
to stay proceedings in the action until it is known whether the
other property seized by the sheriff is sufficient to satisfy
the claims mentioned in subsection (1), and the judge may
direct an issue to try any disputed question of fact or make
such other order as he considers just. R.S.O. 1970, c. 2, s. 14.
Sec. 18 ABSCONDING DEBTORS Chap. 2 9
15. If the other property of the defendant proves insuffi- tjsherfff*^^^
cient to satisfy the executions against him and the claims
certified under the Creditors' Relief Act, and there remain J^ s^o ^^^O'
debts due to the defendant and the attempt to collect such
debts would be less beneficial to his creditors than a sale
thereof, the sheriff may, by leave of a judge of the court, sell
such debts by pubhc auction after such advertisement as the
judge directs and, pending such advertisement, the sheriff
shall keep a list of the debts to be sold open for inspection at his
office, and shall give free access to all documents and vouchers
explanatory of such debts ; but every debt amounting to more
than $100 shall be sold separately, unless the judge otherwise
directs. R.S.O. 1970, c. 2, s. 15.
16. — (1) The person who purchases a debt from the sheriff ^^^^^o^f^^
may sue for it in his own name, and a bill of sale in Form 1 to sue
executed by the sheriff is admissible in evidence as prima
facie proof of such purchase and of the sheriff's authority to
sell, without proof of the handwriting of the sheriff, or of the
execution or order, or of the sale.
(2) In an action by the purchaser, the defendant may sefWhat^^
up any defence that would have availed him against the may be
absconding debtor at the date of the order of attachment. "^
R.S.O. 1970, c. 2, s. 16.
1 7. Where the plaintiff desires to avail himself of the °p"°°
Creditors' Relief Act, he may, instead of proceeding with his
action, obtain a certificate and, in that case, may add the
costs incurred in the action to the amount of his claim, unless
a judge of the court otherwise orders. R.S.O. 1970, c. 2, s. 17.
18. Where an order of attachment has been made but no|^^^^^^
execution at the suit of a creditor against the property of the end ofhis
debtor is placed in the sheriff's hands for execution within biiity
three months thereafter or within such further time as a judge
of the court directs, all the property of the absconding debtor
or unappropriated money, the proceeds of any part of such
property remaining in the sheriff's hands, together with all
books of account, evidences of title, or of debt, vouchers and
papers whatsoever belonging thereto, shall be delivered to the
absconding debtor or to his authorized agent, or to the person
in whose custody they were found, or, if taken or received
under section 9, to the constable, bailiff or clerk from whom
they were taken or received, upon being repaid the amount,
if any, that the sheriff may have paid under subsection
9 (2), and thereupon the responsibility of the sheriff in respect
thereto determines, or, if a bond has been given under section 12,
the bond shall be delivered up to be cancelled. R.S.O. 1970, c. 2,
s. 18.
10 Chap. 2 ABSCONDING DEBTORS Form 1
FORM 1
Bill of Sale of a Debt
(Section 16)
In consideration of $ , the receipt whereof I hereby
acknowledge ;
I, A.B., Sheriff of the County of under and by virtue
of an order of attachment dated issued under the
Absconding Debtors Act against the real and personal property of C. D., an
absconding debtor, and under and by virtue of an order in that behalf, hereby
sell and assign to E.F. all claim by C. D. against G.H., of {describing the
debtor), with the evidences of debt and the securities thereto appertaining.
Witness my hand and seal of office, this day of 19 . . .
A.B.,
Sheriff of the County of
R.S.O. 1970, c. 2, Form 1.
Sec. 6 ABSENTEES Chap. 3 11
CHAPTER 3
Absentees Act
1. An absentee within the meaning of this Act means a ^"tfon"^*
person who, having had his usual place of residence or domicile
in Ontario, has disappeared, whose whereabouts is unknown
and as to whom there is no knowledge as to whether he is alive
or dead. R.S.O. 1970, c. 3, s. 1.
2. — (1) The Supreme Court may by order declare a person b^co*urt"°°
to be an absentee if it is shown that due and satisfactory
inquiry has been made, or may direct such further inquiry to
be made and proceedings to be taken as the court considers
expedient before making any order. R.S.O. 1970, c. 3, s. 2 (1).
(2) The application for the order may be made by the ^g^^^a*^°°'
Attorney General, or by any one or more of the next of kin of make
the alleged absentee, by his or her wife or husband, creditor
or other person. R.S.O. 1970, c. 3, s. 2 (2); 1972, c. 1, s. 9 (7).
(3) Any person aggrieved or affected by the order has the Appeal
right to appeal therefrom. R.S.O. 1970, c. 3, s. 2 (3).
3. Upon application at any time, the court, if satisfied that ^egjartng
such person has ceased to be an absentee, may make an order person no
lonfTGr
so declaring and superseding, vacating and setting aside the absentee
order declaring the person an absentee for all purposes except
as to acts or things done in respect of the estate of the absentee
while such order was in force. R.S.O. 1970, c. 3, s. 3.
4. The court may make an order for the custody, due care ^^ticmof
and management of the property of an absentee, and a com- estate
mittee may be appointed for that purpose. R.S.O. 1970, c. 3,
s. 4.
5. A trust company with or without one or more persons ^^ol^^Jd^®
may be appointed such committee. R.S.O. 1970, c. 3, s. 5. committee
6. Where a committee of the estate of an absentee has duties of'^'^
been appointed, the powers and duties of the court and com- court and
mittee are the same with necessary modifications as the powers
and duties of a court and of a committee of the estate of a mentally
incompetent person under the Mental Incompetency ^cf. R^^^. ^980,
R.S.O. 1970, c. 3, s. 6.
12
Chap. 3
ABSENTEES
Sec. 7
Powers of
committee
to expend
money out
of estate
7. The committee, subject to the direction of the court,
has authority to expend moneys out of the estate of an absentee
for the purpose of endeavouring to trace the absentee and
in endeavouring to ascertain whether he is aHve or dead.
R.S.O. 1970, c. 3, s. 7.
Lands In
Ontario of
foreign
absentee
8. Where a person who has had his usual place of residence
or domicile out of Ontario and who has an interest in land in
Ontario has been declared to be an absentee by a court of
competent jurisdiction, the Supreme Court may by order, upon
being satisfied that the person has disappeared, that his where-
abouts is unknown and that there is no knowledge as to
whether he is alive or dead, appoint a committee with such
authority to manage, sell or otherwise deal with his interest
in such land as in the opinion of the court is in his best
interests and those of his family. R.S.O. 1970, c. 3, s. 8.
Sec. 1 ACCIDENTAL FIRES Chap. 4 13
CHAPTER 4
Accidental Fires Act
1. No action shall be brought against any person in No action^
whose house or building or on whose land any fire accidentally from acci-
begins, nor shall any recompense be made by him for^*"^^""*
any damage suffered thereby; but no agreement between
a landlord and tenant is defeated or made void by this
Act. R.S.O. 1970, c. 4. s. 1.
Sec. 1 (4) ACCUMULATIONS Chap. S IS
CHAPTER 5
Accumulations Act
1. — (1) No disposition of any real or personal property Maximum
shall direct the income thereof to be wholly or partially accum- tion
ulated for any longer than one of the following terms:
1. The life of the grantor.
2. Twenty-one years from the date of making an inter
vivos disposition.
3. The duration of the minority or respective minorities
of any person or persons living or en ventre sa mere
at the date of making an inter vivos disposition.
4. Twenty-one years from the death of the grantor,
settlor or testator.
5. The duration of the minority or respective minorities
of any person or persons living or en ventre sa mere at
the death of the grantor, settlor or testator.
6. The duration of the minority or respective minorities
of any person or persons who, under the instrument
directing the accumulations, would, for the time
being, if of full age, be entitled to the income directed
to be accumulated.
(2) The restrictions imposed by subsection (1) apply in rela- 'Mjp'j^ation
tion to a power to accumulate income whether or not there is restrictions
a duty to exercise that power, and such restrictions also apply
whether or not the power to accumulate extends to income
produced by the investment of income previously accumulated.
(3) The restrictions imposed by subsection (1) apply to every ^^^^
disposition of real or personal property, whether made before or
after its enactment.
(4) Nothing in subsection (1) affects, Previous
(a) the validity of any act done; or
{b) any right acquired or obligation incurred,
under this Act before the 6th day of September, 1966.
not affected
16
Chap. 5
ACCUMULATIONS
Sec. 1 (5)
Accumula-
tions for the
purchase
of land
(5) No accumulation for the purchase of land shall be
directed for any longer period than that mentioned in subsec-
tion (1).
Application
of invalid
accumula-
tions
(6) Where an accumulation is directed contrary to this
Act, such direction is null and void, and the rents, issues,
profits and produce of the property so directed to be accum-
ulated shall, so long as they are directed to be accumulated
contrary to this Act, go to and be received by such person as
would have been entitled thereto if such accumulation had not
been so directed. R.S.O. 1970, c. 5, s. 1.
Saving
as to debts
or portions
for children
2. Nothing in this Act extends to any provision for pay-
ment of debts of a grantor, settlor, devisor or other person,
or to any provision for raising portions for a child of a grantor,
settlor or devisor, or for a child of a person taking an interest
under any such conveyance, settlement or devise, or to any
direction touching the produce of timber or wood upon any
lands or tenements, but all such provisions and directions may
be made and given as if this Act had not been passed. R.S.O.
1970, c. 5, s. 2.
Rules as
to accumu-
lations not
applicable
to employee
benefit
trusts
3. The rules of law and statutory enactments relating to
accumulations do not apply and shall be deemed never to
have applied to the trusts of a plan, trust or fund established
for the purpose of providing pensions, retirement allowances,
annuities, or sickness, death or other benefits to employees
or to their widows, dependants or other beneficiaries. R.S.O.
1970, c. 5, s. 3.
Sec. 2 (4) ADMINISTRATION OF JUSTICE Chap. 6 17
CHAPTER 6
Administration of Justice Act
1. In this Act, "administration of justice" means the pro- J^tfoS^^'
vision, maintenance and operation of,
(a) the courts of justice of the Province of Ontario, includ-
ing small claims courts and provincial courts;
(b) land registry offices ;
(c) jails; and
(d) the offices of coroners, clerks of the peace and Crown
attorneys,
for the performance of their functions, including any functions
delegated to such courts, institutions or offices or any official
thereof by or under any Act. R.S.O. 1970, c. 6, s. 1.
2. — (1) The Minister of Government Services on behalf of a»^«™8°'»
Ontario may, at any time, enter into agreements with the
council of any municipality for the acquisition or assumption
by Ontario of property, accommodation, furnishing or equip-
ment, or of contracts therefor, provided or entered into by the
municipality for the administration of justice. R.S.O. 1970,
c. 6, s. 2 (1); 1973, c. 2, s. 2.
(2) For the purposes of subsection (1), the Minister of Govern- ^^^^
ment Services may acquire more property or accommodation
than is necessary for the purposes of the administration of
justice, and may enter into agreements with the councils of
municipalities for the use of any part of such property or
accommodation by the municipality or a local board thereof
for municipal purposes. R.S.O. 1970, c. 6, s. 2 (2); 1973, c. 2,
s. 2.
(3) Where, by an agreement under subsection (1), the council ^eemed^for
of a municipality retains or acquires property used for the municipal
r J n. r r J purposes
administration of justice, such property shall be deemed to be
required for the purposes of the municipality.
(4) Where, immediately before the 1st day of January, 1968, j^iffy^^^'
a municipality provided accommodation, furnishing and equip- ^®^°g^ent.
ment that it was required to provide for the purposes of the
administration of justice, the municipality shall continue to
provide such accommodation, furnishing and equipment until
18
Chap. 6
ADMINISTRATION OF JUSTICE
Sec. 2 (4)
Contracts
of employ-
ment
an agreement is entered into in respect thereof under sub-
section (1). R.S.O. 1970, c. 6, s. 2 (3, 4).
3. Notwithstanding the provisions of any contract, where
a person employed by the municipahty in the administration
of justice on the 31st day of December, 1967 is offered equiva-
lent employment by Ontario, the municipality may terminate
any contract of employment with such person. R.S.O. 1970,
c. 6, s. 3.
Portion
remitted to
Ontario
4. Notwithstanding any other Act, every municipality shall
pay to the Treasurer of Ontario all fines that are required by
any Act to be paid over to the municipality, other than fines
imposed for contravention of the by-laws of the municipality
or a local board thereof. R.S.O. 1970, c. 6, s. 4.
Retaining
special
services
Employ-
ment and
payment
of inter-
preter
Payment
for special
services
Remunera-
tion of
witness
coming to
Ontario
5. — (1) Where, in the opinion of the Crown attorney, special
services are necessary for the detection of crime or the capture
of a person who is believed to have committed a crime of a
serious character, he may authorize and direct any person to
perform such service, and shall certify upon the account to be
rendered by the constable or other person what he considers
to be a reasonable allowance to be paid to the person employed,
and the amount so certified shall be paid to such person out of
the moneys appropriated by the Legislature for the administra-
tion of justice.
(2) The Crown attorney may employ an interpreter in any
criminal cause or investigation or at a coroner's inquest, and
the interpreter shall be paid such amount as the Crown attorney
certifies to be reasonable, and it shall be paid out of the moneys
appropriated by the Legislature for the administration of
justice. R.S.O. 1970, c. 6, s. 5.
6. — (1) Where services are rendered by a person in connec-
tion with a prosecution and the services are rendered by the
direction or with the approval of the Deputy Attorney General,
the person rendering the services is entitled to be paid such sum
as the Deputy Attorney General directs out of the moneys
appropriated by the Legislature for the administration of
justice. R.S.O. 1970, c. 6, s. 6 (1); 1973, c. 5, s. 1 (1).
(2) Where the Deputy Attorney General is of the opinion
that it is necessary in order to procure the attendance as a
witness for the Crown at a criminal trial of a person resident
out of Ontario and that such person should be compensated
for his loss of time and expenses in attending the trial, the
Deputy Attorney General may direct that such sum as he
considers reasonable be paid to such person out of the moneys
appropriated by the Legislature for the administration of
justice. R.S.O. 1970, c. 6, s. 6 (2); 1973, c. 5, s. 1 (2).
Sec. 7 id) ADMINISTRATION OF JUSTICE Chap. 6 19
(3) Where the Deputy Attorney General is of the opinion exM^l^^o/
that it is advisable to bring a person charged with an offence ^^^^
from a place out of or in Ontario to the place of trial in to trial
Ontario, he may direct that such be done and in every such
case the expenses incurred in carrying out the direction shall
be paid out of the moneys appropriated by the Legislature
for the administration of justice. R.S.O. 1970, c. 6, s. 6 (3) ;
1971. c. 8, s. Ij 1973, c. 5, s. 1 (3).
7. The Lieutenant Governor in Council may make regula- Regruiations
tions,
(a) requiring the payment of fees for any thing required
or authorized under any Act to be done by any person
in the administration of justice and prescribing the
amounts thereof;
(6) providing for the payment of fees and allowances
by Ontario in connection with services under any
Act for the administration of justice and prescrib-
ing the amounts thereof;
(c) requiring the pa\'ment of fees in respect of proceedings in
any court and prescribing the amounts thereof;
(d) providing for any special provision considered neces-
sary in respect of the terms of employment, remunera-
tion, and benefits of persons employed by munici-
palities in the administration of justice immediately
before the 1st day of January, 1968, and becoming
employed by Ontario on that day, or any class
thereof. R.S.O. 1970, c. 6, s. 7; 1971, c. 8, s. 2;
1979, c. 49, s. 1.
Sec. 4 AGE OF MAJORITY AND ACCOUNTABILITY Chap. 7 21
CHAPTER 7
Age of Majority and Accountability Act
1,^ — (1) Every person attains the age of majority and ceases ^,°^^
to be a minor on attaining the age of eighteen years.
(2) Every person who on the 1st day of September, 1971 has ^^eof°°
attained the age of eighteen years, but has not attained the age of majority
twenty-one years, has attained the age of majority and ceased to
be a minor. 1971, c. 98, s. 1.
2. Section 1 applies for the purpose of any rule of law in AppHcation
respect of which the Legislature has jurisdiction. 1971, c. 98,
s. 2.
3. — (1) In the absence of a definition or of an indication of ^.^"inor"
a contrary intention, section 1 applies for the construction of and similar
,u • << J 1^" <<£ 11 " "• £ i." "■ f •' expressions
the expression adult , full age , infant , infancy ,
"minor", "minority" and similar expressions in,
(a) any Act of the Legislature or any regulation, rule,
order or by-law made under an Act of the Legislature
enacted or made before, on or after the 1st day of Sep-
tember, 1971; and
(b) any deed, will or other instrument made on or after
the 1st day of September, 1971.
(2) The use of any expression set out in subsection (1) or ^^^^
any similar expression shall not, in itself, be taken to indicate
a contrary intention for the purposes of this section without
some further indication of a contrary intention. 1971, c. 98,
s. 3.
4. Where, by any Act of the Legislature, an Act of Parlia- ^^fe'd^ra?
ment or any provision thereof is made to apply in respect of b'^^fe'J^^ce*^
any Act or matter or thing over which the Legislature has
jurisdiction, in applying that Act of Parliament, or that
provision thereof in respect of that Act, matter or thing, any
reference to the age of twenty-one years in the Act of
Parliament or that provision thereof shall be read as a
reference to the age of eighteen years. 1971, c. 98, s. 5.
22
Chap. 7 AGE OF MAJORITY AND ACCOUNTABILITY SeC. 5 (1)
References
In court
orders
5. — (1) In any order or direction of a court made before
the 1st day of September, 1971, intheabsenceof an indication of a
contrary intention, a reference to the age of twenty-one years or to
any age between eighteen and twenty-one years or to any of the
expressions referred to in subsection 3(1), and similar expressions
shall be read as a reference to the age of eighteen years.
Idem (2) The use of the words "twenty-one years" in an order
or direction referred to in subsection (1) shall not in itself be
taken to indicate a contrary intention for the purposes of this
section without some further indication of a contrary intention.
1971, c. 98, s. 6.
Computing
age
6. — (1) The time at which a person attains a particular
age expressed in years shall be on the commencement of the
relevant anniversary of the date of his birth.
Idem
(2) This section applies only where the relevant anniversary
falls on a day after the 1st day of September, 1971, and in relation
to any enactment, deed, will or other instrument, has effect sub-
ject to any provision therein. 1971, c. 98, s. 7.
Existing
wills
7. Notwithstanding any rule of law, a will or codicil
executed before the 1st day of September, 1971 shall not be treated
for the purposes of this Act as made on or after that day by reason
only that the will or codicil is confirmed by a codicil executed on or
after that day. 1971, c. 98, s. 8.
Enactments
incorporated
in existing
deeds, etc.
8. This Act does not affect the construction of a provision
of an Act of the Legislature or a regulation, rule, order or
by-law made thereunder that is incorporated in and has effect
as part of a deed, will or other instrument if the construction
of the deed, will or other instrument is not affected by
sections. 1971, c. 98, s. 9.
Accumula-
tions
9. This Act does not invalidate any direction for accumu-
lation expressed in a settlement or other disposition made by
deed, will or other instrument and executed before the 1st day of
September, 1971 that, but for this Act, was a permissible period of
accumulation. 1971, c. 98, s. 10.
Perpetuities jq^ This Act does not apply so as to affect the law
relating to perpetuities. 1971, c. 98, s. 11.
defences^"'^ 11. This Act does not prejudice a right of action or a
defence to an action based upon the age of a party and that
was in existence on the 1st day of September, 1971 and, not-
Sec. 13 AGE OF MAJORITY AND ACCOUNTABILITY Chap. 7 23
withstanding this Act, the law that was in force immediately prior
to that day applies in that case. 1971, c. 98, s. 12.
12. Where, on the 1st day of September, 1971, a person has, 0/™^^*^°
(a) attained the age of eighteen years but has not
attained the age of twenty-one years ; and
[b) a right of action in respect of which the period
of limitation applicable to the bringing of the action
would have commenced to run on his attaining the
age of twenty-one years had this Act not been
enacted,
the period of limitation in respect of that right of action
commences to run on the 1st day of September, 1971. 1971,
c. 98, s. 13.
13. A person who has not attained the age of eighteen Jn^gr'jl
years may be described as a minor instead of as an infant. Jl^j^*^^
1971, c. 98, s. 15.
Sec. 3 AGRICULTURAL ASSOCIATIONS Chap. 8 25
CHAPTER 8
Agricultural Associations Act
1. In this Act, interpre-
tation
(a) "association" means an organization mentioned in
section 2 or designated under section 2 or to which
the Act appHes under section 21 or constituted an
association under section 23 ;
{b) "Minister" means the Minister of Agriculture and
Food;
(c) "Superintendent" means an officer of the Ministry
of Agriculture and Food designated by the Minister
as the Superintendent of Agricultural Associations.
R.S.O. 1970. c. 8, s. 1; 1971. c. 50, s. 3 (1); 1972, c. 1,
s. 1.
2. The following associations, societies and organizations are Certain
bodies corporate under this Act: corporaUons
under Act
The Ontario Fruit and Vegetable Growers' Association,
The Entomological Society of Ontario,
The Dairymen's Association of Eastern Ontario,
The Dairymen's Association of Western Ontario,
The Ontario Poultry Association,
The Eastern Ontario Poultry Association,
The OntcU"io Bee-keepers' Association,
The Ontario Agricultural cind Experimental Union,
The Ontario Horse Breeders' Association,
The Gardeners' and Florists' Association,
The Ontario Com Growers' Association,
The Ontario Plowmen's Association,
The Ontario Swine Breeders' Association,
and such other associations, societies, institutes or organiza-
tions as the Lieutenant Governor in Council designates.
R.S.O. 1970. c. 8, s. 2.
3. The membership of each association shall consist of Membership
annual subscribers, and the membership fee shall be fixed by
by-law. R.S.O. 1970, c. 8, s. 3.
26
Chap. 8
AGRICULTURAL ASSOCIATIONS
Sec. 4
Constitution
and by-laws
4. Each association shall have a constitution and by-laws
under which the association shall be conducted, and the con-
stitution and by-laws, and any change, alteration or repeal
thereof shall be submitted to and approved by the Minister
before the same has force or effect. R.S.O. 1970, c. 8, s. 4.
Annual
meeting
5. Each association shall hold an annual meeting at such
time and place as are determined by by-law. R.S.O. 1970,
c. 8, s. 5.
Election of
directors
6. Each association, at its annual meeting, shall elect a
board of directors, the number of directors, their representa-
tion of certain districts or classes of members, and their mode
of selection being determined by by-law. R.S.O. 1970, c. 8,
s. 6.
Non-
members,
election of
7. The members may elect as director a person not a mem-
ber of the association, but the person so elected must, within
ten days, become a member, and he is entitled to act as
director only after he has become a member of the association.
R.S.O. 1970. c. 8, s. 7.
statements
at annual
meeting
OfBcers
Qoorum
8. At each annual meeting the retiring officers shall present
a full report of their proceedings and of the proceedings of the
association and a detailed statement of the receipts and
expenditure for the previous year and of the assets and liabili-
ties, duly audited, and a copy of the report and of each of the
statements of the receipts and expenditure, together with a
list of the members and a list of the officers elected, and also
such general information on matters of special interest to each
association as the association has been able to obtain, shall
be sent to the Minister within forty days after the holding of
the annual meeting. R.S.O. 1970, c. 8, s. 8.
9. — (1) The directors shall, from among themselves, elect a
president and one or more vice-presidents and shall also from
among themselves or otherwise elect a secretary and a treasurer
or a secretary-treasurer.
(2) Except where otherwise provided, a majority of the
directors of the association forms a quorum. R.S.O. 1970,
c. 8, s. 9.
Powers of
directors
10. The directors have full power to act for and on behalf
of the association, and all grants of money and other funds
of the association shall be received and expended under their
direction, subject to the by-laws and regulations of the associa-
tion. R.S.O. 1970, c. 8, s. 10.
Sec. 16 (1) AGRICULTURAL ASSOCIATIONS Chap. 8 27
11. The Minister may appoint a person who shall audit ^^^^°^
the accounts of any association, and such auditor shall present
a report of the result of his audit to the officers of the associa-
tion, and also to the Minister. R.S.O. 1970, c. 8, s. 11.
12. The members of the association may by by-law provide J^^jy
that only those members who have paid their subscriptions at
least one week in advance of the annual meeting are qualified
to vote at the annual meeting for the election of directors.
R.S.O. 1970, c. 8, s. 12.
13. Except as otherwise provided, a vacancy occurring byjf^g^^^®*^°
the death or resignation, or failure to qualify as a member,
of any officer or director may be filled by the remaining officers
of the association, and it is the duty of such officers to
nominate and appoint a fit and proper person to fill the office
for the unexpired term of the person so dying or resigning;
but, in the event of the remaining officers being insufficient to
form a quorum or if, for any reason, a quorum cannot be
obtained, then persons to fill the vacant offices shall be elected
in the manner provided in section 14. R.S.O. 1970, c. 8, s. 13.
14. — (1) In the event of an election of any directors of an continuance
association not being held at the time or place directed by
by-law or being for any reason illegal and void, the persons
in office at the time when such officers or directors should
have been elected shall continue to be the officers of the associa-
tion until their successors are legally appointed.
(2) In the event of any such non-election or illegal election, fiSt!"*"
a special meeting of the members of the association shall, as^J*^
soon as practicable, be called in the manner provided by this
Act, for the election of such directors, and at such meeting
the election of officers shall take place, and the persons elected
shall thenceforth, until their successors are appointed, be the
officers of the association. R.S.O. 1970, c. 8, s. 14.
15. A special meeting of the directors of an association ^^Y^S^^of
be called by the president thereof or, in his absence or on his directors
neglect, by the vice-president, or, in the absence or on the
neglect of the president and vice-president, by any three
members of the association, of which meeting at least seven
days notice shall be given to each member. R.S.O. 1970, c. 8,
s. 15.
16. — (1) The treasurer of every association before enter- g^^^^'y
ing upon the duties of his office shall give such security either
by joint or several covenant with one or more sureties, or
otherwise as the board of directors considers necessary, for
the faithful performance of his duties and especially for the
28
Chap. 8
AGRICULTURAL ASSOCIATIONS
Sec. 16 (1)
due accounting for and paying over of all money that comes
into his hands.
Duty of
board as to
security
Personal
responsi-
bility of
officers
for loss
(2) It is the duty of the board in each year to inquire into
the sufficiency of the security given by the treasurer and to
report thereon and, where the same treasurer is reappointed
from year to year, his reappointment shall not be considered
as a new term of office but as a continuation of the former
appointment, and any bond or security given to the association
for the faithful performance of his duties under such reappoint-
ment continues valid as against the parties thereto.
(3) If the officers of an association neglect to procure and
maintain proper and sufficient security, they are personally
responsible for all funds of the association in the possession
of the treasurer. R.S.O. 1970, c. 8, s. 16.
Legislative
grant
17. — (1) Every association is entitled to receive annually
out of the moneys appropriated by the Legislature for the
purpose a specified sum on condition,
{a) that the number of bona fide members is at least
fifty;
[h) that the secretary of the association will, on or before
the 1st day of September in each year, transmit to
the Minister an affidavit, stating the number of mem-
bers who have paid their subscriptions for the current
year, and the total amount of such subscriptions;
(c) that this Act has been complied with ; and
id) that none of the funds of the association, from what-
ever source derived, have been expended in a manner
inconsistent with the purposes of organization of the
association.
mmScfipai'" (^) "^"^ municipal council may grant or loan money or
councils grant land in aid of any agricultural association formed
within the limits of the municipality, or partly within the
limits of such municipality and partly within the limits of
other municipalities, or wholly within the limits of an adjoin-
ing municipality, when such association has made the returns
required by this Act, but the total amount or value of the
money or land granted or loaned by any municipality to an
agricultural association under this section shall not exceed
$5,000 in the case of a city, $2,000 in the case of a town and
$1,000 in the case of a village. R.S.O. 1970, c. 8, s. 17.
Sec. 20 (1) AGRICULTURAL ASSOCIATIONS Chap. 8 29
18.— (1) Where the Superintendent is satisfied, after aj'°^ei^^«°f
hearing, that an association has ceased for twelve months non-user
to do business as required by this Act and by its constitution
and by-laws, or that the business of the association is not
being properly conducted, he may recommend to the Minister
that the corporate powers of the association be forfeited and
the Minister may, after considering the record of the proceedings
before the Superintendent and affording to any party to the
proceedings an opportunity for argument, by order declare
that the corporate powers of the association are forfeited, and
such powers shall thereupon cease and the Minister may give
such directions as he considers proper to wind up the affairs
of the association.
(2) The association, the complainant if any, and such other ^*'^*®'
persons as the Superintendent may specify are parties to
proceedings before the Superintendent under subsection (1).
(3) The Superintendent or the Minister, as the case may be, ^^**^
may, of his own motion or upon the request of any party to
proceedings under this section, state a case in writing to the
Divisional Court setting forth any question of law that arises in
the proceedings and the facts material thereto.
(4) If the Superintendent or the Minister, as the case may^efusaj
be, refuses to state a case under this section, the party case
requesting it may apply to the Divisional Court for an order
directing him to state such a c£ise.
(5) Where a case is stated under this section, the Divisional ^o^°
Court shall hear and determine in a summary manner the
question raised and shall certify its decision to the Super-
intendent or to the Minister, as the case may be, and the
Superintendent or the Minister shall dispose of the proceedings
under subsection (1) in accordance therewith. 1971, c. 50,
s. 3 (2).
19. The Ontario Horticultural Exhibition, the Ottawa g^^^
Winter Fair, the Peninsular Winter Fair and such other F^ibitions
. , , , T • r- incorporated
organizations as are designated by the Lieutenant Governor
in Council are corporate bodies under this Act with power to
acquire and hold land as a site for fairs and exhibitions, to sell,
mortgage, lease or otherwise dispose of the same or any other
property held by such body, and the Lieutenant Governor
in Council may prescribe such constitution, rules and regula-
tions as are considered necessary. R.S.O. 1970, c. 8, s. 19.
20. — (1) Any association, society, institute or organization ^we^^of^^g
mentioned in or designated under section 2 has power to acquire to |cqmre
and hold land for such purposes as the Lieutenant Governor land
30
Chap. 8
AGRICULTURAL ASSOCIATIONS
Sec. 20 (1)
in Council approves and has power to sell, mortgage, lease
or otherwise dispose of such land.
Efeutenant (■2) ^^^ Lieutenant Governor in Council may regulate and
Governor govern the acquisition, holding or disposition of land by
to regulate associations, societies, institutes or organizations, or by any
one or more of them. R.S.O. 1970, c. 8, s. 20.
Admission
of other
societies
21. Upon the petition of any association or society not
subject to this Act but formed for the purpose of advancing
the interests of any branch of agriculture being presented to
the Lieutenant Governor in Council, the Lieutenant Governor
in Council may declare that this Act applies to the association
or society so petitioning, and thereafter this Act applies to
such association or society in the same manner and to the
same extent as if it had been incorporated under this Act.
R.S.O. 1970, c. 8, s. 21.
Advisory
board for
live stock
22. — (1) An advisory board for live stock may be formed to
advise the Minister regarding matters of interest to the live
stock industry.
Board,
powers and
duties of
(2) The Lieutenant Governor in Council may direct how the
board shall be constituted, and may prescribe tfie duties and
powers of the board.
Allowances
for expenses
(3) Members of the advisory board shall receive an allow-
ance for their time and their necessary travelling expenses in
attending meetings of the board or a committee of the board.
R.S.O. 1970, c. 8, s. 22.
Farmers' and
women's
institutes
23. — (1) The formation of boards of agriculture, farmers'
institutes and women's institutes for the purpose of disseminat-
ing information in regard to agriculture and of improving
domestic life shall be permitted under this Act, and the same
constitute associations under this Act.
Regulations (2) The Lieutenant Governor in Council may make regula-
tions providing for the number and location of boards of
agriculture, farmers' institutes and women's institutes, for their
general guidance and direction, and fixing the grants and the
conditions upon which the grants are to be paid. R.S.O.
1970, c. 8, s. 23.
Sec. 3 (2) AGRICULTURAL COMMITTEES Chap. 9 31
CHAPTER 9
Agricultural Committees Act
1. In this Act, gte^^re-
(a) "agricultural organization" includes an agricultural
co-operative, agricultural association, agricultural
society, agricultural club and any branch of any of
them;
(b) "agricultural representative" means an agricultural
representative appointed under the Agricultural Rep- R s_o. i98o,
resentatives Act;
(c) "county" includes a territorial district;
(d) "Minister" means the Minister of Agriculture and Food;
(e) "Ministry" means the Ministry of Agriculture and
Food. R.S.O. 1970, c. 9, s. 1; 1972, c. 1, s. 1.
2. — (1) A committee consisting of not more than fifteen Si-nmtion*'
persons may be formed in any county, and the name of every
such committee shall bear the name of such county.
(2) Where only one agricultural representative has been j5^t°°^oi.
appointed for two counties, one committee may be formed two counties
for the two counties.
(3) Where two agricultural representatives have been ap- mYttSor
pointed for one county, two committees may be formed for one county
the county. R.S.O. 1970, c. 9, s. 2.
3. — (1) Where an agricultural representative in a county g^"^^*"
receives written notice from any three or more agricultural
organizations within his county requesting the organization
of an agricultural committee, he shall forthwith call a general
meeting of representatives of the agricultural organizations
in the county for the purpose of forming a committee.
(2) At the meeting a committee of not more than thirteen f^J^^*/t°tee*^
persons shall be selected by such mode as is determined at the
meeting for the current year or until their successors are
32
Chap. 9
AGRICULTURAL COMMITTEES
Sec. 3 (2)
Chairman,
vice-
chairman
selected and every agricultural organization is entitled to at
least one representative on the committee, unless there are
more than thirteen agricultural organizations represented at
the meeting, in which event one person may be selected as
the representative of two or more agricultural organizations.
(3) The committee so selected shall appoint an acting chair-
man and acting vice-chairman from among themselves and
the agricultural representative shall be the acting secretary-
treasurer of the committee.
Report to
Minister
(4) A report of the meeting, certified by the acting chairman
and the acting secretary-treasurer showing the names of the
agricultural organizations represented at the meeting and the
names and addresses of the persons selected as members of
the committee, together with such other information as the
Minister may require, shall be forwarded to the Minister
within ten days after the holding of the meeting. R.S.O.
1970, c. 9, s. 3.
Committee
declared
agricultural
committee
4. — (1) Upon receipt of the report mentioned in subsection 3
(4), the Minister may declare such committee to be an agricultural
committee.
Members
Appoint-
ment of
members :
in county
in district
Who to be
members of
committee
(2) The members of the committee shall be members of the
agricultural committee and the agricultural representative
shall be the secretary-treasurer. R.S.O. 1970, c. 9, s. 4.
5. — (1) One member may be appointed to the committee
by the member or members of the Legislature whose electoral
district or districts include any rural part of the county and
such member shall hold office during pleasure.
one
(2) In the case of a county agricultural committee, v
member may be appointed annually by the county council
(3) In the case of a district agricultural committee, one
member may be appointed by the Minister and shall hold
office during pleasure. R.S.O. 1970, c. 9, s. 5.
6. No person shall be selected or appointed as a member
of a committee except a farmer, farm woman, retired farmer,
farm youth or an official of an agricultural organization.
R.S.O. 1970, c. 9, s. 6.
Annual
meeting
7 . The agricultural representative shall call an annual meet-
ing of representatives of all agricultural organizations in the
county and members of the agricultural committee for the
ensuing year shall be selected and a chairman and vice-
chairman shall be elected thereat in such manner as is pre-
scribed by the rules of the agricultural committee. R.S.O.
1970. c. 9, s. 7.
Sec. 14 AGRICULTURAL COMMITTEES Chap. 9 33
8. The objects and purposes of an agricultural committee o^'J®*^^*^^**
are,
(a) to co-operate with and make suggestions to the
agricultural representative ;
(6) to consider and make recommendations to appropriate
_ authorities with respect to soil conservation, reforesta-
tion, weed control, health of animals, plant diseases,
crop production, marketing problems and such other
matters as are considered advisable for the improve-
ment of agriculture in the county;
(c) to co-ordinate the undertakings of the various agri-
cultural organizations in the county;
(d) to assist in promoting farm youth activities in the
county. R.S.O. 1970, c. 9, s. 8.
0. The Minister may assign to any committee any matter Assignment
or undertaking that he considers of special interest to agricul- takings
ture. R.S.O. 1970, c. 9, s. 9.
10. An agricultural committee may initiate or promote any Promowon
matter or undertaking for the purpose of improving agricul- or under-
ture. R.S.O. 1970, c. 9, s. 10. "^^'"^
11. Subject to the approval of the Minister, an agricul- ^^stration
■' . ^^ . . , ■ 1 1 of producers
tural committee may require producers of any agricultural
product in the county to register their names and addresses
with the secretary-treasurer and to furnish such information
respecting the production, other than cost, of such agricultural
product as the agricultural committee determines. R.S.O.
1970, c. 9, s. 11.
12. An agricultural committee may establish an executive ^j^^J^^^^
committee to consist of three or five members for such pur-
poses as the committee determines. R.S.O. 1970, c. 9, s. 12.
13. The Lieutenant Governor in Council may make regu- i^^ia"o°s
lations respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act. R.S.O.
1970, c. 9, s. 13.
14. Subject to the approval of the Minister, the travelling Expenses
expenses of the members shall be paid out of the moneys
appropriated by the Legislature for the purpose. R.S.O. 1970,
c. 9. s. 14.
Sec. 5 AGRICULTURAL DEVELOPMENT FINANCE Chap. 10 35
CHAPTER 10
Agricultural Development Finance Act
1. — (1) The Treasurer of Ontario may borrow money by P^l'^^g^j.^f ^^
means of deposits in any amounts and from any persons andon^tarioto
may open offices for this purpose at such places in Ontario as
he finds expedient.
(2) Moneys deposited under this section are subject to^°y|y.^j.Q
attachment in the same manner as money deposited in a attachment
chartered bank. R.S.O. 1970, c. 11, s. 1.
2. The Lieutenant Governor in Council may from time to ^°^^*"°°^
time fix the conditions as to interest and repayments that will interest and
govern such deposits. R.S.O. 1970, c. 11, s. 2.
3. Moneys borrowed under this Act shall be used for any use of
of the following purposes: for the public service, for works
carried on by commissioners on behalf of Ontario, for the
covering of any debt of Ontario on open account, for paying
any floating indebtedness of Ontario, and for the carrying on
of the public works authorized by the Legislature. R.S.O.
1970, c. 11, s. 3.
4. All expenses incurred in the administration of this Act^P®"^®^
shall be paid out of and all revenue paid into the Consolidated revenues
Revenue Fund. R.S.O. 1970, c. 11, s. 4.
5. The Lieutenant Governor in Council may make regu- ^ef'^^^^o"^
lations respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act. R.S.O.
1970, c. 11, s. 5.
Sec. 1 (e) AGRICULTURAL REHABILITATION, ETC. Chap. 11 37
CHAPTER 11
Agricultural Rehabilitation and
Development Act (Ontario)
1. In this Act, interpre-
tation
(a) "Directorate" means the Agricultural Rehabilita-
tion and Development Directorate of Ontario ;
(6) "Minister" means the Minister of Agriculture and
Food;
(c) "project" means a project for,
(i) the more efficient use and economic develop-
ment of lands,
(ii) the development of income and employment
opportunities in rural areas anid improving
standards of living in those areas, or
(iii) the development and conservation for agricul-
tural purposes of water supplies and for soil
improvement and conservation that will im-
prove agricultural efficiency ;
{d) "research program" means a program of research
and investigation respecting,
(i) the more effective use and economic develop)-
ment of lands,
(ii) the development of income and employment
opportunities in rural areas and the improve-
ment of standards of living in those areas,
and
(iii) the development and conservation for agricul-
tural purposes of water supplies and for soil
improvement and conservation;
ie) "Treasurer" means the Treasurer of Ontario and Minis-
ter of Economics. R.S.O. 1970, c. 12, s. 1; 1972, c. 3,
s. 17 (1).
38
Chap. 11 AGRICULTURAL REHABILITATION, ETC. Sec. 2 (1)
Rehabiiita-* 2. — (1) The Agricultural Rehabilitation and Development
Development Directorate of Ontario is continued as a body corporate
of ontark)^^ responsible to the Minister.
continued
Composition (2) The Directorate shall consist of three or more members
Directorate appointed by the Lieutenant Governor in Council.
^kit-'^'"*"' (^) ^^^ Lieutenant Governor in Council shall designate
chairman one of the members of the Directorate as chairman and one
as vice-chairman.
Quorum (4) A majority of the members of the Directorate con-
stitutes a quorum, whether or not a vacancy exists in the
membership of the Directorate.
Officers (5) The Lieutenant Governor in Council may appoint such
employees officers, clerks and employees as are necessary for the con-
duct of the affairs of the Directorate. R.S.O. 1970, c. 12,
s.2.
Powers of 3, — (1) Subiect to the approval of the Lieutenant Governor
Directorate . ^ / ■» \^
m Council, the Directorate has power,
Delegation
of powers
R.S.O. 1980,
c. 85
(a) to acquire or lease lands for the purpose of projects;
(b) to equip and develop lands for projects;
(c) to enter into agreements with persons for use of
things or services provided under projects;
(d) to carry out projects in respect of which agreements
have been entered into by the Minister under this
Act; and
(e) to do such acts as are necessary or expedient for
the carrying out of its operations and undertakings.
R.S.O. 1970, c. 12, s. 3 (1); 1972, c. 1, s. 2.
(2) The Directorate may, in respect of any project, delegate
to any ministry of the Government of Ontario, or to any
municipal council, or to any authority under the Conserva-
tion Authorities Act, or to any board or commission whose
members are appointed by the Lieutenant Governor in
Council, any or all of the powers of the Directorate under
subsection (1). R.S.O. 1970, c. 12, s. 3 {2); 1972, c. 1, s. 2.
Power to
borrow
money and
Issue
securities
(3) The Directorate has the power to borrow money and to
issue securities for the purpose of carrying out any of its
objects and to make such securities payable as to principal
and interest at such time or times and in such manner and
in such place or places as the Directorate determines.
Sec. 7 (2) AGRICULTURAL REHABILITATION, ETC. Chap. 11 39
(4) The Directorate, in carrying out its objects, has the powers Additional
set out in sections 23 and 275 of the Corporations Act. R.S.O. ^^q* jggg
1970, c. 12, s. 3 (3, 4). c. 95
4. — (1) The Lieutenant Governor in Council may authorize ^u°)^°^*'
the Treasurer for and on behalf of Ontario to guarantee the
payment of any securities issued by the Directorate, the
repayment of any advances made by chartered banks to the
Directorate and the payment of any other indebtedness in-
curred by the Directorate.
(2) The form of any such guaranty and the manner of its ^°^rant
execution shall be determined by the Lieutenant Governor
in Council. R.S.O. 1970, c. 12, s. 4.
5. All moneys received by the Directorate from the opera- of^^ong"""
tion of its undertakings or otherwise shall be applied to,
(a) operating expenses ;
(6) payment of interest on indebtedness ; and
(c) a sinking fund established by the Treasurer for the
repayment of securities guaranteed by the Treasurer
under subsection 4(1) and for the retirement of any other
indebtedness of the Directorate,
and any surplus moneys remaining in any year after paying
operating exp)enses and interest on indebtedness and repay-
ing any part of the principal moneys payable in that year
shall be used for reducing the cost of operating the projects,
or any of them, reducing the fees, rents or other charges
charged or made by the Directorate or setting up such
reserve funds as the Directorate determines. R.S.O. 1970,
c. 12,s. 5.
6. The fiscal year of the Directorate commences on the 1st Fiscal
-^ year
day of April in each year and ends on the 31st day of March
in the following year. R.S.O. 1970, c. 12, s. 6.
7. — (1) The Directorate shall make a report annually to ^°°^*^
the Minister, including a report on all projects of the Director-
ate and the operations thereof and a financial statement certi-
fied by the Provincial Auditor and such other matters relating
to the work of the Directorate as the Minister requires.
(2) A copy of the report shall be filed with the Minister "^^^^^^
who shall submit the report to the Lieutenant Governor in
Council and shall then lay the report before the Assembly if
it is in session or, if not, at the next ensuing session. R.S.O.
1970, c. 12, s. 7.
40
Audit
Chap. 11 AGRICULTURAL REHABILITATION, ETC.
Sec. 8
8. The accounts and financial transactions of the Director-
ate shall be audited annually by the Provincial Auditor, and
a report of the audit shall be made to the Directorate and
to the Treasurer. R.S.O. 1970. c. 12, s. 8.
Agreement
with
Canada for
efficient
use and
economic
development
of lands
0. — (1) The Minister may, with the approval of the Lieu-
tenant Governor in Council, enter into an agreement with the
Government of Canada providing for,
(a) the undertaking jointly by the Government of On-
tario or any agency thereof with Canada of projects
for the more efficient use and economic development
of lands specified in the agreement ; or
(b) the payment to Ontario of contributions in respect
of the cost of such projects undertaken by Ontario
or any agency thereof.
Programs (2) The Minister may cause to be prepared and under-
of I*6S6diPCh
and taken directly or in co-operation with Canada programs of
nvestigation j.g5ga^j-(.j^ ^^^ investigation respecting the more effective use
and economic development of lands in Ontario. R.S.O. 1970,
c. 12,s.9.
Agreement
with
Canada for
development
of income
and
employment
opportunities
and for
improving
standards of
living in
rural areas
10. — (1) The Minister may, with the approval of the
Lieutenant Governor in Council, enter into an agreement
with the Government of Canada providing for,
(a) the undertaking jointly on behalf of the Government
of Ontario or any agency thereof with Canada of
projects for the development of income and employ-
ment opportunities in rural areas specified in the
agreement and for improving standards of living in
those areas ; or
Programs
of research
and
investigation
Agreement
with
Canada
for the
development
and
conservation
of water
supplies
and for soil
improvement
and
conservation
(6) the payment to Ontario of contributions in respect
of the cost of such projects undertaken by Ontario
or any agency thereof.
(2) For the purpose of assisting the development of income
and employment opportunities in rural areas in Ontario and
the improvement of standards of living in those areas, the
Minister may cause to be prepared and undertaken with
Canada programs of research and investigation, and may
co-ordinate such programs with other similar programs being
undertaken in Ontario. R.S.O. 1970, c. 12, s. 10.
11. — (1) The Minister may, with the approval of the
Lieutenant Governor in Council, enter into an agreement with
the Government of Canada providing for.
Sec. 13 AGRICULTURAL REHABILITATION, ETC. Chap. 11 41
(a) the undertaking jointly with Canada of,
(i) projects for the development and conservation
of water supplies for agricultural purposes,
and
(ii) projects for soil improvement and conserva-
tion that will improve agricultural efficiency
in Ontario or in any area thereof specified in
the agreement ; or
(6) the repayment to Ontario of contributions in respect
of the cost of such projects undertaken by Ontario or
any agency thereof.
(2) The Minister may cause to be prepared and undertaken Programs
directly or in co-operation with Canada programs of research and
and investigation for the development and conservation of °^®^*^^**^°'^
water supplies and for soil improvement and conservation
in Ontario. R.S.O. 1970, c. 12, s. 11.
12. Every agreement entered into by the Minister shall, ^2?^*°°^
included in
{a) specify the respective proportions of the cost of any ^™*°
project to which the agreement relates that shall be
paid by the governments of Canada and of Ontario
or the contribution in respect of any such project
that shall be paid by Canada;
(6) specify the authority that shall be responsible for
the undertaking, operation and maintenance of any
project or any part thereof to which the agreement
relates ;
(c) sf)ecify the respective proportions of the revenues
from any project to which the agreement relates
that are to be paid to Canada and to Ontario; and
{d) specify the terms and conditions as to the operation
and maintenance of any project to which the agree-
ment relates and the charges, if any, to be charged
to persons to whom any of the benefits of the project
are made available. R.S.O. 1970, c. 12, s. 12.
13. The moneys required for the cost of administration of cost of
, . i_ 11 1 -1 f administra-
this Act shall be paid out of moneys appropriated therefor tion
by the Legislature. R.S.O. 1970. c. 12. s. 13.
42 Chap. 11 AGRICULTURAL REHABILITATION, ETC. Sec. 14
Regulations 1 4^ Xhe Lieutenant Governor in Council may make regula-
tions,
{a) providing for the establishment of advisory com-
mittees and the appointment of the members thereof
and the payment of the remuneration and expenses
of such members in the carrying out of their duties ;
{b) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 12, s. 14.
Sec. 3 (3) AGRICULTURAL REPRESENTATIVES Chap. 12 43
CHAPTER 12
Agricultural Representatives Act
1 . In this Act, interpre-
tation
(a) "agricultural representative" means a person appointed
under the Public Service Act to carr\- out the duties of ^^.9 '^*°'
. c. 418
agricultural representative for a county, provisional
county, district municipality, regional municipality or
territorial district in Ontario;
(b) "assistant agricultural representative" means a person
appointed under the Public Service Act to assist an
agricultural representative in the carrying out of his
duties. 1973, c. 112, s. I, part.
2. The agricultural representatives and assistant agricul- Duties and
tural representatives shall perform such duties as the
Minister of Agriculture and Food, or such officer of the
Ministry of Agriculture and Focxi as he may designate,
may from time to time direct, and any moneys appropriated
by the Legislature for the purposes of this Act shall be
expended subject to such direction. 1973, c. 112, s. 2.
3. — (1) The county council shall, in each year on or county
• grants
before a date to be fixed by the Minister of Agriculture
and Food, pay into a bank to the credit of the agricultural
representative in charge of each office in the county the
sum of $500 for the purpose of assisting in carrying on
the work of the agricultural representative, and such
sum shall be paid out from time to time by the agricultural
representative with the approval of the Minister of Agricul-
ture and Food or of the officer designated as provided
in section 2.
(2) An annual statement of the disposition of the sum ^^^*ent
so set apart together with a statement of the work
carried on by each agricultural representative in the county
during the preceding year shall be furnished to the county
council. R.S.O. 1970, c. 13, s. 4.
(3) Every district and regional municipality shall be JJ|iS*°**
deemed to be a county for the purposes of this section. ™^j"'
1971, C. 45, S. 1. deemed
counties
Sec. 2 (7) AGRICULTURAL RESEARCH INSTITUTE Chap. 13 45
CHAPTER 13
Agricultural Research Institute of
^-^ — — Ontario Act
1 . In this Act, interpre-
tation
(a) "Director of Research" means the administrator of
the Agricultural Research Institute of Ontario;
(6) "Minister" means the Minister of Agriculture and
Food;
(c) "research" means research carried out and services
provided in respect of agriculture, veterinary medicine
and household science ;
{d) "Research Institute" means the Agricultural Re-
search Institute of Ontario. R.S.O. 1970, c. 14, s. 1.
2. — (1) The Agricultural Research Institute of Ontario is Agricultural
continued as a body corporate responsible to the Minister, institute
of Ontario
continued
(2) The Research Institute shall consist of not more than composition
fifteen members appointed by the Lieutenant Governor in institute
Council.
(3) The Lieutenant Governor in Council shall appoint from chairman,
the persons appointed under subsection (2) a chairman and a chairman
vice-chairman of the Research Institute.
(4) An appointment under subsection (2) shall be for a term 't®''"} o/
appointment
of not more than three years but any person is eligible for
reappointment.
(5) When the term of a member of the Research Institute Jf\Pj^^"®°
expires, he continues to be a member until his successor is
appointed.
(6) A majority of the members of the Research Institute Quorum
constitutes a quorum.
(7) The vice-chairman shall, in the absence or disability ^jj'|fj,^|°f
of the chairman, possess and exercise the powers and duties
of the chairman.
46
Remunera-
tion
Duties of
Research
Institute
Chap. 13 AGRICULTURAL RESEARCH INSTITUTE Sec. 2 (8)
(8) The members of the Research Institute shall receive
such remuneration and expenses as the Lieutenant Governor
in Council determines. R.S.O. 1970, c. 14, s. 2.
3. The duties and responsibilities of the Research Institute
are,
(a) to make rules governing its procedures;
(b) to appoint an executive committee and such other
committees as it considers advisable and to delegate
to any such committee any of its duties and respon-
sibilities ;
(c) to inquire into programs of research in respect of
agriculture, veterinary medicine and household
science ;
(d) to select and recommend areas of research for the
betterment of agriculture, veterinary medicine and
household science; and
(e) to stimulate interest in research as a means of de-
veloping in Ontario a high degree of efficiency in the
production and marketing of agricultural products.
R.S.O. 1970, c. 14, s. 3.
Property 4.^ — (J) ^11 property heretofore or hereafter granted, con-
veyed, devised or bequeathed for purposes of research to, or
to any person in trust for, any institution of the Ministry of
Agriculture and Food that is engaged in research is vested
in the Research Institute, subject to any trust affecting the
same. R.S.O. 1970, c. 14, s. 4 (1); 1972, c. 1, s. 1.
research"'^ (2) The Research Institute may take by gift, grant, dona-
tion or bequest moneys for use in research.
Idem
(3) Moneys received by the Research Institute under sub-
section (2) shall be held in trust by the Director of Research
and shall be allocated for programs of research in accordance
with the terms, if any, of the gift, grant, donation or
bequest. R.S.O. 1970, c. 14, s. 4 (2, 3).
Expenditure g^ Except with the approval of the Minister, the Research
Institute shall not incur any liability or make any expendi-
ture that is not provided for in the income for the Research
Institute unless provided for by moneys appropriated there-
for by the Legislature or for which funds otherwise have
been furnished therefor. R.S.O. 1970, c. 14, s. 5.
Sec. 9 (2) ie) agricultural research institute Chap. 13 47
6. The accounts of the Research Institute are subject to Audit of
audit by the Provincial Auditor. R.S.O. 1970, c. 14, s. 6. ^^^°"°''^
7. The Research Institute shall submit an annual report ^g°°^*^
on its affairs to the Minister, who shall submit the report to
the Lieutenant Governor in Council and shall then lay the
report before the Assembly if it is in session or, if not, at the
next ensuing session. R.S.O. 1970, c. 14, s. 7.
8. The Research Institute shall submit to the Minister o*^*i«'l
reports
such reports on its financial affairs and the progress of its
work as the Minister from time to time requires. R.S.O.
1970, c. 14, s. 8.
0. — (1) There shall be a Director of Research appointed J/^^g'^'^g^/j.^jj
by the Lieutenant Governor in Council who shall be the
administrator of the business and affairs of the Research
Institute. R.S.O. 1970, c. 14, s. 9 (1).
(2) The duties and responsibilities of the Director of Re- Dii-ector^
search are,
(a) to co-ordinate programs of research of the Research
Institute with programs in comparable areas of re-
search by other institutions and organizations;
(6) to select, develop and maintain research programs
in accordance with the needs of agriculture, veteri-
nary medicine and household science in Ontario;
(c) to maintain a balance of effort in research among
various areas of research;
(d) to inquire into the efficiency of programs of research
undertaken in conjunction with academic work at
other institutions of learning and research in On-
tario;
{e) to establish the operational budgets of the Research
Institute for programs of research in agriculture,
veterinary medicine and household science at the
Ontario Agricultural College, the Ontario Veterinary
College and the Macdonald Institute or any of them
and at institutions of the Ministry of Agriculture
and Food that are engaged in research and at other
institutions in Ontario where the facilities and per-
sonnel are available for such programs; and
48
Chap. 13 AGRICULTURAL RESEARCH INSTITUTE Scc. 9 (2) (/)
Supervision
i)\- Director
(/) to determine matters of integration of research with
the academic work of the Ontario Agricultural Col-
lege, the Ontario Veterinary College and the Mac-
donald Institute and institutions of learning and
research that are administered by the Ministry of
Agriculture and Food. R.S.O. 1970, c. 14, s. 9 (2);
1972, c. 1, s. 1.
10. The Director of Research shall have supervision over
every program of research for which funds have been supplied
by the Research Institute. R.S.O. 1970, c. 14, s. 10.
Estimates of 1 1 fhe Director of Research shall prepare and submit to
expenditures . r n i-
the Mmister an estimate of all expenditures required during
the next ensuing year. R.S.O. 1970, c. 14, s. 11.
Comptroller 1 2. — (1) There shall be a Comptroller for the Research
Institute who is responsible to the Director of Research.
Duties of
Comptroller
(2) The Comptroller shall,
(a) supervise the business affairs of the Research In-
stitute;
ib) prepare the budget for the Research Institute;
(c) prepare such financial reports and statistical surveys
as may be required by the Director of Research or
by the Minister; and
{d) perform such other duties and functions as may be
assigned to him from time to time by the Director
of Research or by the Research Institute. R.S.O.
1970, c. 14, s. 12.
Power to
acquire
patents, etc.
13. Subject to the approval of the Minister, the Research
Institute may purchase or arrange for the use of any inven-
tion or any interest therein, or any rights in respect thereof,
or any secret or other information as to any invention, and
apply for, purchase or otherwise acquire, any patents, interest
in patents, licences or other rights conferring any exclusive or
non-exclusive or limited right to make, use or sell any inven-
tion or inventions and to use, exercise, develop, dispose of,
assign or grant licences in respect of or otherwise turn to
account the property rights or information so acquired, and
possess, exercise and enjoy all the rights, powers and privi-
leges that the owner of any invention or any rights in respect
thereof or the owner of a patent or invention or of any
rights thereunder may possess, exercise and enjoy. R.S.O.
1970, c. 14, s. 13.
Sec. 2 (3) AGRICULTURAL SOCIETIES Chap. 14 49
CHAPTER 14
Agricultural Societies Act
1. In this Act, SffoT"-
(a) "board" means the board of a society;
(b) "headquarters" means the place named as the
headquarters in the declaration forming a new
society or the place approved or named as the
headquarters by the Minister or the place where
a society held its last annual exhibition ;
(c) "Minister" means the Minister of Agriculture and
Food;
(d) "Ministry" means the Ministry of Agriculture and
Food;
{e) "society" means an agricultural society organized
under this Act or under any predecessor of this
Act;
(/) "Superintendent" means the Director of the Agri-
cultural and Horticultural Societies Branch of the
Ministry. R.S.O. 1970, c. 15, s. 1; 1974, c. 46, s. 1.
2. — (1) Where any dispute arises as to the operation or Disputes
construction of this Act, the Superintendent shall, after
a hearing, decide such dispute.
(2) A party to a dispute under this section may appeal app«*i
from a decision of the Superintendent to the Minister
within fifteen days after receipt of a copy of the decision
of the Superintendent and the Minister may, after con-
sidering the record of the proceedings before the Super-
intendent and affording to the party an opportunity to
submit argument on the appeal, affirm, vary or annul
the decision of the Superintendent.
(3) The Superintendent or the Minister, as the case may
be, may, of his own motion or upon the request of any
party to a dispute or an appeal, state a case in writing
stated
case
50
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 2 (3)
to the Divisional Court setting forth any question of law
that arises at the hearing or on the appeal and the facts
material thereto.
Idem
(4) If the Superintendent or the Minister, as the case
may be, refuses to state a case under this section, the
party requesting it may apply to the Divisional Court for
an order directing him to state such a case.
Idem
(5) Where a case is stated under this section, the Divisional
Court shall hear and determine the question raised in a summary
manner and shall certify its decision to the Superintendent or the
Minister, as the case may be, and the Superintendent or the
Minister shall dispose of the dispute in accordance there-
with. 1971, c. 50, s. 4 (1).
Organization 3^ — (j) Subject to subsection (2), a society may be or-
ganized with headquarters at any place in Ontario. R.S.O.
1970, c. 15, s. 3 (1).
Recom-
mendations
of existing
society
(2) When it is proposed to organize a society with head-
quarters within forty kilometres of an existing society, the officers
of the existing society shall be afforded a reasonable opportunity to
make recommendations to the Minister regarding the advisability
of organizing the proposed society, and the Lieutenant Governor
in Council may, upon the recommendation of the Minister, grant
permission for the organization of the proposed society. R.S.O.
1970, c. 15, s. 3 (2); 1978, c. 87, s. 2 (1).
Mode of
organization :
declaration
signatories
to declara-
tion
fees payable
by
signatories
4 . The mode of organization shall be as follows:
1. A declaration in the form prescribed by the Minister
shall be signed by the persons who desire to organize a
society, but such persons must be of the age of eighteen
years or over and must reside within forty kilometres of
the place designated in the declaration as the headquar-
ters of such society.
2. The declaration shall be signed by at least sixty
persons, but, in a provisional judicial district or
provisional county, the number required to sign the
declaration shall be forty.
3. Every person who signs the declaration shall pay
to the person having charge thereof the sum of
not less than $2 at the time of signing the
declaration and all such sums of money become
the property of the society upon its organization,
but, where no society is organized, such sums
shall be repaid to the persons entitled thereto.
Sec. 5 (1) AGRICULTURAL SOCIETIES Chap. 14 51
4. Within one month after the required number of transmitting
persons have signed the declaration, the declaration
shall be forwarded to the Superintendent who may,
with the approval of the Minister, authorize any
person to call a meeting for the organization of the
society.
5. Such organization meeting shall be held during the^|.\^f^*^
^ month of January, or at such other time as the
Superintendent may authorize, upon at least two
weeks notice published in a newspaper having a
general circulation in the district surrounding the
headquarters of the society and by mailing a notice
by prepaid mail to each person who has signed the
declaration.
6. At the organization meeting, and at every annuan'^°"^
and special meeting of a society, fifteen members
shall form a quorum but, in a provisional judicial
district or provisional county, ten members shall
form a quorum.
7. At the organization meeting there shall be elected ae^ctionof
board of twelve directors who shall hold office until
the next annual meeting or until their successors are
elected, and such directors shall elect a president, a
first vice-president and a second vice-president
from among themselves.
8. The board shall consist of the directors and the^"d
president, first vice-president and second vice-
president.
9. At the organization meeting there shall be elected *'^<^*^"
two auditors who shall hold office until the next
annual meeting.
10. A report of the organization meeting certified byJ^^^J^^V*"
the president, the secretary and the organizer, organization
i. • ■ .Lo. ^ t\i^ 1 -i meeting
containing a statement of the members and a
list of the officers elected and appointed, shall
be sent to the Superintendent within one month
after the holding of the meeting. R.S.O. 1970, c. 15,
s. 4; 1974, c. 46, s. 2; 1978, c. 87, s. 2 (2).
5. — (1) Upon receipt of the report mentioned in paragraph J^^J*™^°°
10 of section 4, the Superintendent, with the approval of the
Minister, may declare such society to be a society within the
meaning of this Act and such society shall bear the name desig-
nated in the declaration as the headquarters or such other name as
is determined by the members and approved by the Minister.
52
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 5 (2)
Change of
name
Persons
entitled to
membership
Firms and
companies
maybe
members
Membership
fee
Additional
directors
Election of
directors
In rotation
Honorary
directors
Objects of
society
(2) In case of a dispute as to the name of a society or in a
case where in the opinion of the Minister the name of a society
prejudicially affects the interest of another society, he may
change the name of the society. R.S.O. 1970, c. 15, s. 5.
6. — (1) Every person is entitled to be a member of a
society, but no person under eighteen years of age is eligible
to vote at any meeting of the society or to hold office in the
society.
(2) Subject to the by-laws of a society, a firm or an incor-
porated company may become a member thereof by the pay-
ment of the regular fee, but the name of one person only
shall in any one year be entered as the representative or agent
of such firm or company, and that person only shall exercise
the privileges of membership in the society. R.S.O. 1970,
c. 15. s. 6 (1, 2).
(3) In every society there shall be an annual member-
ship fee of not less than $2. 1974, c. 46, s. 3.
7. — (1) Upon the recommendation of the Superintendent,
the Minister may authorize any society to elect not more than
six additional directors and not more than six junior directors
not over twenty-six years of age.
(2) Where a society is authorized to elect more than twelve
directors, it may elect all of its directors in rotation, but in
that case no director shall be elected for a term of more than
three years.
(3) Any society may appoint not more than six honorary
directors, but no such honorary director is entitled to vote or
take part in meetings of the board. R.S.O. 1970, c. 15, s. 7.
8. — (1) The objects of a society are to encourage interest,
promote improvements in, and advance the standards of,
agriculture, domestic industry and rural life by,
{a) surveying and studying the agricultural and living
conditions and by doing such acts as may assist in
solving the rural economic and social problems of
the district surrounding the headquarters of the
society ;
{b) organizing and holding agricultural exhibitions and
awarding premiums and exhibiting displays of farm
products thereat ;
(c) holding public meetings and demonstrations for the
purpose of discussing agricultural problems;
(d) taking action to eradicate poisonous and noxious
insects, weeds, animal parasites and diseases;
Sec. 10 (b) AGRICULTURAL SOCIETIES Chap. 14 53
(e) encouraging and promoting reforestation, rural
beautification and exterior farm and homestead
improvements ;
(/) encouraging young people to become interested in
and adopt better agricultural and domestic practices
and for such purposes to hold competitions ;
{g) holding races or trials of speed for horses. R.S.O.
- 1970. c. 15, s. 8 (1); 1974, c. 46, s. 4.
(2) A society that expends any of its funds in a manner when rrant
inconsistent with the objects set out in subsection (1) forfeits all
claims to participate in any legislative grant. R.S.O. 1970,
c. IS, s. 8(2).
9. — (1) Every society shall hold an annual meeting during J^^g^j^
the month of January at such time and place as the board
determines or, subject to the approval of the Superintendent,
at such other time and place as are fixed by the by-laws of
the society.
(2) At any such meeting only those members who were who may
members of the society during the previous year and who
have paid the membership fee for the current year are entitled
to vote.
(3) At least two weeks notice of every annual meeting shall ^^uai^^
be given by publication of a notice of the meeting in at least meeting
one newspaper having a general circulation in the munici-
pality in which the headquarters of the society is situate and
by mailing notices of the meeting to every member of the
society at the address furnished to the secretary.
(4) Where a society fails to hold its annual meeting at the JJ^=^|^^^j^^
time mentioned in subsection (1), the Minister may appoint a time wmejor
and place for holding it. R.S.O. 1970, c. 15, s. 9. ""^^ ^
10. At every annual meeting, procedure
(a) the board shall present a report of the activities and '"®®"°*
accomplishments of the society since the last annual
meeting and a detailed statement of the receipts and
expenditures since the last annual meeting and a
statement of the assets and liabilities of the society,
certified by the auditors, in the form prescribed by the
Minister; and
(b) the officers and other members of the board, includ-
ing the auditors, shall be elected and appointed in
the manner provided by section 4 and any additional,
honorary and junior directors shall be elected and
appointed. R.S.O. 1970, c. 15, s. 10.
54
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 11 (1)
Annual
returns
Statement 1 1, — (1) A Statement of officers and members and a copy
toSuperin- of the report and financial statement in the form prescribed
by the Minister and certified by the president, secretary
and treasurer, or secretary-treasurer, and auditors to be
true copies shall be forwarded to the Superintendent within
ninety days after the holding of the annual meeting. 1974,
c. 46. s. 5 (1).
(2) The officers of every society shall, on or before the 1st
day of March in every year, forward to the Superintendent a
return in the form prescribed by the Minister verified by an
affidavit of an officer of the society showing the amount
expended during the previous year by the society for agri-
cultural purposes. R.S.O. 1970, c. 15, s. 11 (2).
^atement (3) Where a society exhibits a display of a farm prod-
competitions, uct that is produced on a commercial basis or holds a
etc. z' 1 -1 -1 • •
field-crop or other competition or sponsors an amateur
program, using local talent to provide entertainment, and
such display, competition, or amateur program is approved
by the Superintendent, the officers of the society shall
within ninety days thereafter forward to the Superintendent
on a form supplied by the Ministry a statement showing
the particulars of the display, competition or amateur
program including, where applicable, the number of entries
and the expenditures, including prizes awarded, in con-
nection therewith. 1974, c. 46, s. 5 (2).
(4) Any officer of a society who wilfully makes a false
statement in any report or statement required to be furnished
under this Act is guilty of an offence and on convic-
tion is liable to a fine of not more than $100 or to imprisonment
for not more than thirty days, but no prosecution under this
subsection shall be commenced later than one year after the
making of such report or statement. R.S.O. 1970, c. 15,
s. 11 (4).
12. On the petition of thirty members of a society, the
secretary, and in his absence, the president or first vice-
president, shall call a special general meeting for the transaction
of the business mentioned in the petition and the meeting shall
be advertised in the manner prescribed by subsection 9 (3)
and the advertisements shall state the nature of the business to be
transacted. R.S.O. 1970, c. 15, s. 12.
Penalty
for false
statement
Special
meeting
may^require 1^* ^^^ Minister may at any time require any society or
information any officer of a society to furnish such information regarding
the society as he considers necessary or desirable and such
information shall be accompanied by an affidavit of all or any
of the officers of the society deposing to its accuracy. R.S.O.
1970, c. 15, s. 13.
Sec. 16 (3) AGRICULTURAL SOCIETIES Chap. 14 55
14. — (1) In the event of failure to hold the annual meetine P^8»ol"^^°°
. . , • 1 1 • A -1 ^° certain
of a society in accordance with this Act, or in the event that instances
the number of members of a society on the 1st day of
September in any year is less than the number required for
organization, the society is not entitled to receive any further
legislative grant and shall be deemed to be dissolved, subject
always to the direction of the Minister, and the persons
comprising the board during the last year of the existence of
the society shall be trustees of the assets of the society and
shall forthwith deliver to the Superintendent a statement of
the assets and liabilities of the society.
(2) Subject to the approval of the Minister, the Super- J*y™«°*^ of
intendent may direct the members of the board to pay the dissolution
debts of the society out of the moneys and other assets
remaining in their hands and to liquidate any of the assets for
such purpose.
(3) Subject to the approval of the Minister, any moneys and^j^^||.^^°'^
other assets remaining after the payment of debts shall be after debts
disposed of by the board in such manner as they determine.
(4) When a society dissolves or ceases to exist, it may be ^e°''»*°i2a-
reorganized with necessary modifications in the manner pre-
scribed by section 4. R.S.O. 1970, c. 15, s. 14.
15. A meeting of the board shall be called by the secretary ^^®j^^^|»
upon the direction of the president, or in his absence by the
first vice-president, or in the absence of the president and the
first vice-president, by the second vice-president, or by any
three members of the board, by sending notice thereof to all
the members of the board at least seven days before the time
fixed for the meeting, but a meeting of the board may be held
without notice immediately following any annual, regular or
special meeting of the society. R.S.O. 1970, c. 15, s. 15.
16. — (1) Subject to the by-laws and regulations of the Powers of
society, the board has power to act for and on behalf of the
society in all matters.
(2) Seven of the members of the board constitute a quorum. Quorum
(3) In the event of a vacancy occurring on the board by the ^^ciScies
death or resignation of any officer or director or otherwise,
the remaining members of the board have power to appoint
any member of the society to fill the vacancy, but, when three
or more vacancies occur at the same time, the Superintendent
may order the remaining members of the board to call a special
general meeting of the society in the manner prescribed by sec-
tion 9 and directors shall be elected and appointed at such
meeting to fill the vacancies.
56
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 16 (4)
Executive
committee
Manager
Secretary,
treasurer
Remunera-
tion and
expenses
Meetings
Security by
treasurer of
society
Duty of
board as to
security
Personal
responsi-
bility of
officers for
loss
(4) The board, from among themselves, may appoint an
executive committee of not more than five members to exercise
and perform such of its powers and duties as the board
prescribes.
(5) The board may appoint a manager to perform such of
its powers and duties as it prescribes.
(6) The board, from among themselves or otherwise, shall
appoint a secretary and a treasurer, or a secretary-treasurer,
who shall remain in office during pleasure, and the secretary
or secretary-treasurer shall be a member of every committee
that is appointed by the board and may be appointed manag-
ing director acting under the control and with the approval of
the board. R.S.O. 1970, c. 15, s. 16 (1-6).
(7) No officer, director or member of a society, except
the secretary, treasurer, secretary-treasurer or manager,
shall receive any remuneration for carrying out his duties
as officer, director or member, but travelling and living
expenses may be allowed to any officer, director or member
while engaged in duties on behalf of the society, and the
board may fix such remuneration and travelling and living
expenses, which shall be payable out of the funds of the
society. 1974, c. 46, s. 6.
17. Subject to section 9, the board may determine what
regular or special meetings of the society are to be held during
each year. R.S.O. 1970, c. 15, s. 17.
18. — (1) The treasurer or secretary-treasurer of every
society, before entering upon the duties of his office, shall
give such security to the society, either by joint or several
covenant with one or more sureties, in such form and for such
amount as the board considers necessary for the faithful
performance of his duties, and especially for the due accounting
for and paying over of all moneys that come into his hands.
(2) It is the duty of the board in each year to inquire into
the sufficiency of the security given by the treasurer or
secretary-treasurer and to report thereon to the society, and,
where the same treasurer or secretary-treasurer is reappointed
from year to year, his reappointment shall not be considered
as a new term of office but as a continuation of the former
appointment and any security given to the society for the
faithful performance of his duties under such reappointment
continues valid as against the parties thereto.
(3) If the board neglects to procure and maintain proper
and sufficient security, each member thereof is personally
responsible for all funds of the society that may have been
received by the treasurer. R.S.O. 1970, c. 15, s. 18.
Sec. 22 AGRICULTURAL SOCIETIES Chap. 14 57
19. — (1) By-laws and regulations of a society may be made, fe^'^i^^*°**
adopted, amended or repealed at any organization, annual or
regular meeting of the society or at a special meeting of which
notice has been given in the manner provided by subsection
9(3). R.S.O. 1970, c. 15, s. 19(1).
(2) The officers of a society may by their rules and Pr&venting
, . , -, • 1 1 • 1 • certain per-
regulations prohibit and prevent theatrical, circus or acro-formances,
batic performances, exhibitions or shows and may also eta ^ ®"'^'
regulate or prevent the huckstering or trafficking in fruit,
goods, wares or merchandise on the exhibition grounds
or within 275 metres thereof on the day of an exhibition, and any
person who, after notice of such rules and regulations, con-
travenes any provisions thereof is liable to be removed by an
officer of the society, a person appointed under subsection
30 (1), or a police officer, and is liable to the penalties provided in
this Act. 1974, c. 46, s. 7; 1978, c. 87, s. 2 (3).
20. — (1) Every society is a body corporate with power toi?corpora-
acquire and hold land as a site or as an enlargement of an power to
existing site, and the society has and may exercise the like
powers as to lands required for the enlargement of an existing
site as in the case of lands required for the original site, for
fairs and exhibitions, and, subject to the approval of a meeting
of the society called for that purpose, may sell, mortgage, lease
or otherwise dispose thereof or of any other property held by
the society, but no lands of a society shall be mortgaged without
the written approval of the Superintendent.
(2) At least two weeks previous notice of such meeting shall Noticeof ^^
be given by advertisement in at least one newspaper having consider
a general circulation in the area surrounding the headquarters of property
of the society, and at such meeting only those persons are
entitled to vote who are members for the current year and who
were members for the two previous years. R.S.O. 1970, c. 15,
s. 20.
21. Subject to the approval of the Minister, a society may Power to
1 , , '^r , , . , ,./..-' expropriate
expropriate land selected as a site for fairs and exhibitions land
or as an enlargement of an existing site, and approved therefor
at a meeting of the society called for that purpose, in accordance
with the Expropriations Act, and the provisions of that Act R s o. i980,
apply to any expropriation under this section. R.S.O. 1970,
c. 15, s. 21.
22. Any township society and town or village munici- Joint
pality that had, before the 4th day of March, 1868, jointly lands'witS"
purchased and held any land or building for the purpose of '"""^"p*^^'^
agricultural fairs or exhibitions may continue jointly to hold
the land or building, or may sell, mortgage, lease or otherwise
dispose thereof, subject to the approval of a meeting of the
society as provided in section 20. R.S.O. 1970, c. 15, s. 22.
58 Chap. 14 AGRICULTURAL SOCIETIES See. 23
Provincial 23. On the recommendation of the Minister, every society
Gn*£Lll.ti8
is entitled to receive a grant out of the moneys appropriated
by the Legislature for that purpose on condition,
(a) that the number of paid-up members for the current
year is not less than sixty, except in the case of
societies organized in provisional judicial districts and
a provisional county where the number of paid-up
members shall not be less than forty ;
{b) that all reports and returns required by this Act
have been made to the satisfaction of the Super-
intendent ;
(c) that the annual meeting has been held as required
and the officers elected in accordance with section 10;
(d) that the objects of the society as prescribed by sec-
tion 8 have been strictly adhered to, and that none of
the funds of the society, from whatever source derived,
have been expended in any manner not in harmony
with such objects; and
(e) that all other provisions of this Act have been com-
plied with. R.S.O. 1970, c. 15, s. 23.
of^^Tnts 2^* — (^) G^rants shall be paid to societies out of moneys
appropriated for the purpose by the Legislature, except the
moneys appropriated under sections 25 and 26, according to
the following plan :
1. A newly-organized society, during the first three
years of its existence, shall receive a grant each year
equal to $1 per member up to 300 members.
2. Where a society complies with subsection 11 (3),
and its statement is satisfactory to the Superintendent, it
shall receive a grant,
i. where it has sponsored a farm or home-
stead improvement competition, equal to
one-half of the sum expended by the society
as shown by the statement of its expendi-
tures for the competition, but in no case
shall the grant be more than $300,
ii. where it has sponsored a special event
with light horses, equal to one-third of
the sum expended by the society as shown
by the statement of its expenditures for the
event, but in no case shall the grant be
more than $500,
Sec. 24 (2) AGRICULTURAL SOCIETIES Chap. 14 59
iii. where it has sponsored an amateur pro-
gram, using local talent to provide enter-
tainment, equal to one-third of the sum
expended by the society as shown by the
statement of its expenditures for the amateur
program, but in no case shall the grant be
more than $500, and
iv. where it has sponsored a display or com-
petition not referred to in sub-paragraph
i, ii or iii, equal to one-half of the sum expended
by the society as shown by the statement of its
expenditures for the display or competition, but
in no case shall the grant be more than $200 for a
display or more than $75 for a competition.
3. Where a society complies with subsections 11 (1)
and (2) and its statement is satisfactory to the Superin-
tendent, it shall receive a grant equal to one-third of the
average amount expended by the society during the
three preceding years for agricultural purposes, as
shown by the statements forwarded to the Superinten-
dent, but,
i. societies in a provisional judicial district
or provisional county shall receive their
grants on the basis of double the amount of
other societies,
ii. no grant shall be paid under this paragraph
respecting an expenditure qualifying for a
grant under paragraph 2, and
iii. no society shall in any year receive a
grant in excess of $1,500. R.S.O. 1970, c. 15
s. 24 (1); 1974,0. 46, s. 8.
(2) If the Superintendent, upon receiving proof on or before ^"eregate
the 31st day of October in any year, by the joint affidavit receipts
of the president, secretary and treasurer or secretary-treasurer
of an agricultural society, that rain or snow fell at the place
of holding an exhibition before 3 o'clock in the afternoon on
any day during which the exhibition was held or that during
the exhibition or within thirty days prior thereto one or more
buildings on the exhibition grounds was destroyed by fire or
storm, is satisfied that as a consequence of such weather or
such destruction the gate receipts were less than the average
gate receipts for exhibitions held by the society during three
previous normal years, the society is entitled to receive a
60
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 24 (2)
grant of not more than 90 per cent of the difference between
the gate receipts of the current year and the average amount
of the gate receipts of such three previous years, but no society
shall in any year receive a grant in excess of $1,000 for any
such loss in gate receipts.
Grant where
gate receipts
reduced
owing to wet
weather
Decrease
in grants
(3) In the event of a society that has been organized for
only two years suffering loss in gate receipts owing to wet
weather, it shall receive a grant equal to 75 per cent of the
difference between the gate receipts of the current year and
those of the previous year, and, in case of loss of gate receipts
from the above cause during the third year of a society's
existence, the grant shall be 75 per cent of the difference
between the gate receipts of that year and those of the average
of the two previous years, but no society shall in any year
receive a grant in excess of $1,000 for any such loss in gate
receipts.
(4) Where the moneys appropriated by the Legislature are
insufficient to pay the grants under subsections (2) and (3), the
grants shall be decreased ^yo rata. R.S.0. 1970, c. 15, s. 24 (2-4).
Special aid
to certain
exhibitions
25. The money that is appropriated by the Legislature for
the purpose of this section shall be divided among The Cana-
dian National Exhibition Association of Toronto, The Central
Canada Exhibition of Ottawa, and The Western Fair Associa-
tion of London in proportion to the amount of money expended
for agricultural purposes by such associations as mentioned
in section 8, provided.
that not more than
association ;
!,500 shall be paid to any such
(6) that returns have been made to the Superintendent
similar to those prescribed by section 1 1 in a manner
satisfactory to the Superintendent ;
(c) that no other grants have been received under this
Act; and
[d) that the Minister has approved such grant,
but no such society shall in any year receive a grant in excess
of 50 per cent of the moneys appropriated by the Legislature
for the purpose of this section for such year. R.S.O. 1970,
c. 15, s. 25.
^antson 26. The Minister may make annual grants on account of
capfta?*"^ capital expenditure to any society or class of society in such
expenditure amounts and on such terms and conditions as the regulations
Sec. 27 (4) AGRICULTURAL SOCIETIES Chap. 14 61
prescribe out of such moneys as are appropriated therefor by
the Legislature. R.S.O. 1970, c. 15, s. 26.
27. — (1) Any municipal council may grant or loan money g;^'^*^'
or grant land in aid of any agricultural society formed municipal
within the limits of the municipality, or partly within °°^^^
the limits of such municipality and partly within the
limits of other municipalities, or wholly within the limits
of an adjoining municipality, when such society has made
the returns required by this Act. 1974, c. 46, s. 9.
(2) If the grant is a loan of money to enable the society to fo*°i'^g
acquire land, the municipality may hold the land so acquired frommuni-
or may take a mortgage thereon as security for the amount ""^ *^ •'
of the grant until the amount of the grant is repaid to the
municipality.
(3) Any such municipality owning land or buildings for ^«J2*'"*°{"
public purposes may make agreements on such terms and buildings
for such periods as it considers expedient with any company
formed under chapter 196 of the Revised Statutes of Ontario,
1897, or under any enactment that may be substituted therefor,
or with any agricultural society for the use of such land or
buildings, or either of them, or for the privilege of erecting upon
such land, subject to such terms as may be agreed upon, such
buildings as it may require for agricultural and industrial
shows, and to give the company the power of renting such
land and buildings, when owned by the company, to any
agricultural society formed under this Act for the purposes
of the annual show of the society, and to grant to such
company or society the power to collect during such show,
or at other times, as may be agreed, from any person wishing
to go into or upon any such land or buildings, or for any
privilege thereon, or for any carriage, wagon or other vehicle,
or for any horse or other animal that may be taken thereon,
such entrance fee or other charge as the company or society
considers necessary or expedient.
(4) Any municipality may pass by-laws providing for the By-iawsfor
'. -'j.,.'-' J r J r o common use
erection of buildings upon parks, fair grounds or other property of buiidin^grs
belonging to the municipality for the joint purposes of the property
municipality and of any agricultural society, or other body,
or trustees for any club or society, upon such agricultural
society, other body, or trustees undertaking to contribute to
the cost of such buildings, and in such case the municipality
may grant leases for a term not exceeding twenty-one years
to such agricultural society, other body, or trustees, for the use
of such buildings at such time as to the council seems proper,
and upon such terms as may be arranged with the council, and
62
Chap. 14
AGRICULTURAL SOCIETIES
Sec. 27 (4)
Exemption
from
taxation
the powers hereby granted may be exercised in respect of
any building erected since the 1st day of January, 1919.
R.S.O. 1970, c. 15, s. 27 (2-4).
28. The property of an agricultural society is exempt from
taxation, other than taxes for local improvements, when in
actual occupation by the society or by its tenants if the rent
is applied solely for the purposes of the society. R.S.O. 1970,
c. 15, s. 28.
Regulations 29. The Lieutenant Governor in Council may make regula-
tions,
{a) providing the terms and conditions upon which socie-
ties may hold races or trials of speed for horses and
the amount of money that societies may award as
prizes therefor;
(b) subject to section 23, prescribing the terms and con-
ditions upon which societies may receive grants out
of the moneys appropriated by the Legislature;
(c) limiting the exhibitors of any society to persons
residing within defined areas ;
(d) prescribing the powers and duties of the officers of
societies ;
Appoint-
ments
(e) classifying societies that are societies within the
meaning of this Act and designating the class to
which each society belongs;
(/) prescribing the terms and conditions on which grants
may be made to any society or class of society on
account of capital expenditure and prescribing the
amounts of such grants or the minimum or maximum
amounts of such grants ;
{g) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 15, s. 29.
30. — (1) The board of directors of any society holding
a fair or exhibition may appoint for the duration of the
fair or exhibition as many persons as may be required
to carry out the duties referred to in subsection (2).
peraons°^ (2) Every person appointed under subsection (1) shall be
appointed paid by the society and it is his duty to protect the prop-
erty of the society within the exhibition grounds and to
Sec. 32 (5) AGRICULTURAL SOCIETIES Chap. 14 63
eject all persons who may be improperly within the
grounds or behave in a disorderly manner or violate
any of the rules or regulations of the society.
(3) No person shall wilfully hinder or obstruct an officer obs^uction
or servant of the society or a person appointed under etc.
subsection (1) in the execution of his duties. 1974, c. 46, s. 10.
31.— (i) The Minister may appoint a jjerson to inspect inspection
the books and accounts of any society receiving legislative
grants under this Act or to inquire into the affairs of such
society, and every officer of the society shall, when required
by such person, make available the books and accounts
thereof for the purposes of such inspection or inquiry.
(2) A person appointed under subsection (1) has, for the Powers
. . . .., , , under
purposes of an mspection or mquiry thereunder, the powers r.s.o. iqso,
of a commission under Part II of the Public Inquiries Act, p^l\[
which Part applies to the inspection or inquiry as if it were an
inquiry under that Act. 1971, c. 50, s. 4 (2), part.
32. — (1) Where the board of a society has reason to believe ^^sre^jre-
that any member or other person exhibiting any farm product, sentation by
animal, fowl or other goods at an exhibition of the society has ^^ ' '^""^
committed a fraud or made any misrepresentation in respect of
such farm product, animal, fowl or other goods, the board may
withhold payment or delivery of any premium or prize to
such person, and the board shall forthwith furnish to him a
written statement of its reasons for so doing.
(2) A member or other person from whom a premium or Appeal
prize has been withheld by the board of a society under
subsection (1) may appeal, within fifteen days after receipt of
the statement of the reasons of the board furnished under
subsection (1), to a judge of the county or district court of the
county or district in which the head office of the society is
situate by filing a notice of appeal in the office of the clerk
of the court and leaving a copy of the notice of appeal at the
head office of the board.
(3) The appellant and the board from whose decision the Parties
appeal is taken are parties to an appeal under this section.
(4) An appeal to a judge under this section shall be held ^^^^"^J
by way of a hearing de novo.
(5) On an appeal under this section, the judge may affirm, qP.^^"
vary or annul the decision of the board and may order the
board to pay or deliver any premium or prize withheld by it
under this section. 1971, c. 50, s. 4 (2), part.
64 Chap. 14 AGRICULTURAL SOCIETIES Sec. 33
Offence 33, Every person who contravenes any of the provisions
of this Act or the regulations or any rule or regulation
of a society under subsection 19 (2) or who gains admission to the
grounds contrary to the rules of the society is guilty of an offence,
and on conviction is liable to a fine of not more than $100. 1974,
c. 46, s. 11.
Sec. 2 (3) AGRICULTURAL TILE DRAINAGE Chap. 15 65
CHAPTER 15
Agricultural Tile Drainage Installation Act
1. In this Act, ' interpre-
tation
(a) "Board" means the Agricultural Licensing and Regis-
tration Review Board under the Ministry of Agriculture R so. i980,
and Food Act; *^^^°
(6) "Director" means the Director appointed for the
purpose of this Act ;
(c) "drainage work" means a drainage system con-
structed of tile, pipe or tubing of any material
beneath the surface of agricultural land, including
integral inlets and outlets, for the purpose of improv-
ing the productivity of the land drained ;
{d) "inspector" means an inspector appointed under
this Act ;
{e) "licence" means a hcence under this Act ;
(/) "Minister" means the Minister of Agriculture and
Food;
is) "regulations" means the regulations made under this
Act. 1972, c. 38, s. 1 ; 1978, c. 100, s. 2 (1).
2. — (1) No person shall carry on the business of installing ^-i^ences
a drainage work unless he is the holder of a licence for such
purpose from the Director.
(2) No person shall be the operator of a machine used in^^®'"
installing a drainage work unless he is the holder of a licence
for such purpose from the Director.
(3) No person shall use, or permit or cause to be used, in^'^e™
installing a drainage work a machine unless the owner of the
machine has obtained a licence therefor from the Director and
the licence is attached to and exposed on the machine. 1972,
c. 38, s. 2.
66 Chap. IS AGRICULTURAL TILE DRAINAGE SeC. 3
N°^: ., 3. Where a person performs the installation of a drainage
application , . f , , , , • i i i • ,i • » ,
of Act work on agricultural land owned or occupied by him, this Act
does not apply. 1972, c. 38, s. 3.
ifcence^ 4. — (1) The Director shall issue a licence to carry on the
business of installing drainage works to a person who makes
application therefor in accordance with this Act and the
regulations and pays the prescribed fee unless, after a hearing,
he is of opinion that,
(fl) the applicant or, where the applicant is a corporation,
its officers or directors, is or are not competent to
carry on the business ;
{h) the past conduct of the applicant or, where the
applicant is a corporation, of its officers or directors,
affords reasonable grounds for belief that the business
will not be carried on in accordance with law ;
(c) the applicant does not possess or will not have avail-
able all facilities and equipment necessary to carry
on the business in accordance with this Act and the
regulations ; or
{d) the applicant is not in a position to observe or
carry out the provisions of this Act and the regulations.
i<i®™ (2) The Director shall issue a licence to be the operator of a
machine used in installing drainage works to a person who
makes application therefor in accordance with this Act and
the regulations and pays the prescribed fee unless, after a
hearing, he is of opinion that,
(a) the applicant is not competent to operate the
machinery or class thereof in respect of which the
application is made ;
{b) the appHcant has not attended the courses of instruc-
tion and passed the examinations prescribed in the
regulations for the class of licence applied for ;
(c) the applicant has not completed the in-service train-
ing period prescribed in the regulations for the class
of licence applied for ; or
{d) the applicant is not in a position to observe or carry
out the provisions of this Act and the regulations.
Idem (3) The Director shall issue a licence for a machine used in
installing drainage works on application therefor by the owner
Sec. 5 (2) (b) AGRICULTURAL TILE DRAINAGE Chap. IS 67
and payment of the prescribed fee unless, after a hearing, he
is of opinion that the machine,
{a) is not properly designed, constructed or equipped
for the purposes for which it will be used ;
(b) is not in good working order ; or
(c) does not comply with performance standards pre-
scribed in the regulations.
of licence
(4) Subject to section 5, the Director shall renew a licence ^®°®^*^^
that is or has expired, on application by the licensee in
accordance with this Act and the regulations and payment of
the prescribed fee. 1972, c. 38, s. 4.
5. — (1) The Director may refuse to renew or may suspend ^®f"8*i. *^o
^^ i r6I16W IICCIIC6
or revoke a licence to carry on the business of installing suspension or
drainage works if, after a hearing, he is of opinion that,
(a) the facilities and equipment used in the business do
not comply with this Act and the regulations ;
{b) the licensee or, where the licensee is a corporation,
any officer, director or servant thereof has contravened
or has permitted any person under his control or
direction in connection with the business to contra-
vene, any provision of this Act or the regulations
and such contravention warrants refusal to renew,
suspension or revocation of the licence ; or
(c) any other ground for refusal to renew, suspension
or revocation specified in the regulations exists.
(2) The Director may refuse to renew or may suspend or^^®™
revoke a licence to be the operator of a machine used in
installing drainage works if, after a hearing, he is of opinion
that,
(a) the licensee has contravened or has permitted any
person under his control or direction in connection
with the operation of the machine to contravene any
provision of this Act or the regulations and such
contravention warrants a refusal to renew, sus-
pension or revocation ; or
(b) any other ground for refusal to renew, suspension or
revocation specified in the regulations exists.
68 Chap. IS AGRICULTURAL TILE DRAINAGE ScC. S (3)
^**"* (3) The Director may refuse to renew or may suspend or
revoke a licence for a machine used in installing drainage
works if, after a hearing, he is of opinion that,
(a) any ground for refusing to issue a licence exists ;
{b) the owner or any other person permitted to have the
control or use of the machine has contravened any
provisions of this Act or the regulations and such
contravention warrants a refusal to renew, sus-
pension or revocation ; or
(c) any other ground for refusal to renew, suspension or
revocation specified in the regulations exists.
oonMnuation (4) Where, within the time prescribed therefor or, if no time
pendiM is prescribed, before expiry of his licence, a licensee has applied
for renewal of his licence and has paid the prescribed fee and
observed and carried out the provisions of this Act and the
regulations, his existing licence shall be deemed to continue
until he has received the decision of the Director on his
application for renewal. 1972, c. 38, s. 5.
Notice of Q, — (1) The notice of a hearing by the Director under
section 4 or 5 shall afford to the applicant or licensee a
reasonable opportunity to show or to achieve compliance before
the hearing with all lawful requirements for the issue or
retention of the licence.
oifdocu-**^*°° (2) An applicant or licensee who is a party to proceedings
mentary in which the Director holds a hearing shall be afforded an
6Viu6]lC6
opportunity to examine before the hearing any written or
documentary evidence that will be produced or any report
the contents of which will be given in evidence at the hearing.
1972, c. 38, s. 6.
dSfislonby^ 7. Where the Director has refused to issue or renew or
Director has suspended or revoked a licence pursuant to a hearing he
may at any time of his own motion or on the application of
the person who was the applicant or licensee vary or rescind
his decision, but the Director shall not vary or rescind his
decision adversely to the interests of any person without
holding a rehearing to which such person is a party and
may make such decision pursuant to such rehearing as he
considers proper under this Act and the regulations. 1972,
c. 38, s. 7.
Sec. 9 (4) AGRICULTURAL TILE DRAINAGE Chap. 15 69
8. — (1) Where the Director refuses to issue or renew or ^ppeai to
suspends or revokes a licence, the applicant or licensee m^y,
by written notice delivered to the Director and filed with
the Board within fifteen days after receipt of the decision of the
Director, appeal to the Board.
(2) The Board may extend the time for the giving of notice S'tfm?"'^
by an applicant or licensee under subsection (1), either before or^°''*PP®*^
after expiration of such time, where it is satisfied that there are
prima facie grounds for appeal and that there are reasonable
grounds for applying for the extension.
(3) Where an applicant or licensee appeals to the Board o/apiwai
under this section, the Board shall hear the appeal by way of
a hearing de novo to determine whether the licence should be
issued, renewed, suspended or revoked and may, after the
hearing, confirm or alter the decision of the Director or direct
the Director to do any act he is authorized to do under this
Act and as the Board considers proper and, for such purpose,
the Board may substitute its opinion for that of the Director.
(4) Notwithstanding that an applicant or licensee hasEffect^of
appealed under this section from a decision of the Director, pending
unless the Director otherwise directs, the decision of the of ^appeal
Director is effective until the appeal is disposed of. 1972,
c. 38, s. 9.
9. — (1) The Director, the appellant and such other persons as Parties
the Board may specify are parties to the proceedings before the
Board under this Act.
(2) Members of the Board assigned to render a decision Members
after a hearing shall not have taken part prior to the hearing in decision
any investigation or consideration of the subject-matter of the taken panV
hearing and shall not communicate directly or indirectly in ^°^e8"8f*"°'i'
relation to the subject-matter of the hearing with any person
or with any party or his representative except upon notice
to and opportunity for all parties to participate, but such
members may seek legal advice from an adviser independent
from the parties and in such case the nature of the advice
should be made known to the parties in order that they may
make submissions as to the law.
(3) The oral evidence taken before the Board at a hearing Recording
shall be recorded and, if so required, copies or a transcript evidence
thereof shall be furnished upon the same terms as in the
Supreme Court.
(4) The findings of fact of the Board pursuant to a hearing bindings
shall be based exclusively on evidence admissible or matters
70
Chap. IS
AGRICULTURAL TILE DRAINAGE
Sec. 9 (4)
R.S.O. 1980,
c. 484
that may be noticed under sections 15 and 16 of the Statutory
Powers Procedure Act.
Only
members at
hearing to
participate
In decision
(5) No member of the Board shall participate in a decision
of the Board pursuant to a hearing unless he was present
throughout the hearing and heard the evidence and argument
of the parties and, except with the consent of the parties, no
decision of the Board shall be given unless all persons so
present participate in the decision. 1972, c. 38, s. 10.
Apped
to court
10. — (1) Any party to the hearing before the Board may
appeal from the decision of the Board to the Divisional Court in
accordance with the rules of court.
Minister
entitled
to be
heard
Record to
be filed
in court
(2) The Minister is entitled to be heard by counsel or otherwise
upon the argument of an appeal under this section.
(3) The chairman of the Board shall file with the Registrar of
the Supreme Court the record of the proceedings before the Board
which, together with a transcript of the evidence before the
Board, if it is not part of the Board's record, shall constitute the
record in the appeal.
Powers^of (4) An appeal under this section may be made on any
appeal question that is not a question of fact alone and the court
may confirm or alter the decision of the Board or direct the
Director to do any act he is authorized to do under this Act
or may refer the matter back to the Board for reconsideration
by the Board as the court considers proper and the court may
substitute its opinion for that of the Director or the Board.
decision^ of (^) Notwithstanding that an applicant or licensee has
Board appealed under this section from a decision of the Board,
unless the Board otherwise directs, the decision of the Board
pending
disposal of
appeal
is effective until the appeal is disposed of. 1972, c. 38, s. 11,
Appointment
of Director
and
inspectors
Powers of
Inspector
R.S.O. 1980,
c. 400
11. — (1) For the purposes of this Act, the Minister may
appoint a Director and one or more inspectors.
(2) For the purposes of carrying out his duties under this
Act, an inspector may at any time between sunrise and
sunset enter any premises or building other than a dwelling
house, but nothing in this section affects the issuance and
execution of a warrant under section 142 of the Provincial
Offences Act.
Certificate of
appointment
(3) The production by an inspector of a certificate of his
appointment purporting to be signed by the Minister is
admissible in evidence as prima facie proof of his appointment
Sec. 14 (i) AGRICULTURAL TILE DRAINAGE Chap. 15 7l
without further proof of the signature or authority of the
Minister. 1972, c. 38, s. 12.
12. No person shall hinder or obstruct an inspector in the '^''*"'"«^^'°"
course of his duties or furnish him with false information or refuse
to furnish him with information. 1972, c. 38, s. 13.
13. Every person who contravenes any of the provisions of^f^^""^*"
this Act or the regulations is guilty of an offence and on conviction
is liable for a first offence to a fine of not more than $25 and for a
subsequent offence to a fine of not more than $100. 1972, c. 38,
s. 14.
14. The Lieutenant Governor in Council may make regula- ^^8"^^^'""*
tions,
(a) providing for the manner of issuing licences and
prescribing their duration, the fees payable therefor
and the terms and conditions on which they are
issued ;
(6) prescribing grounds for refusal to renew, suspension
or revocation of licences in addition to the grounds
mentioned in section 5 ;
(c) establishing classes of machine operators and pre-
scribing the qualifications for each class and the
duties that may be performed by each class ;
{d) providing for courses of instruction and examinations
and requiring licence holders or applicants for a
licence under this Act to attend such courses and
pass such examinations ;
(e) prescribing the facilities and equipment to be pro-
vided by persons engaged in the business of installing
drainage works ;
(/) prescribing standards and procedures for the instal-
lation of drainage works ;
{g) prescribing performance standards for machines
used in installing drainage works ;
{h) prescribing forms and providing for their use ;
{i) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act. 1972, c. 38, s. 15.
Sec. 4 AIRPORTS Chap. 16 73
CHAPTER 16
Airports Act
1. In this Act, interpre-
tation
(a) "Minister" means the Minister of Transportation
and Communications;
(b) "municipality" includes a metropolitan municipality.
R.S.O. 1970, c. 17, s. 1; 1977, c. 33, s. 1.
2. — (1) The Crown in right of Ontario, represented by the ^^^^j°riza-
Minister, may enter into agreements with the Government agreements
of Canada, any municipaUty, corporation or individual, provision
or any one or more of them, with respect to any matter in °
relation to the acquisition, establishment, extension, improve-
ment, construction, operation or maintenance of airports to
serve any one or more areas in Ontario, and the Minister
may provide funds to the municipality, corporation or
individual for such purposes. 1977, c. 33, s. 2; 1979, c. 9, s. 1.
(2) Any municipality may enter into agreements under muMci^-
subsection (1). R.S.O. 1970, c. 17, s. 2 (2). aSthoHzed
to enter into
agreements
3. — (1) The Minister may acquire, establish, construct, oper- Powerof
ate and maintain airports and landing grounds to serve any one or establish
more areas in Ontario. airports
(2) The Minister may set apart any part of an airport or Leasing of
landing ground which is under his jurisdiction and control, facilities
or any building, premises or structure thereon, or any part
thereof, for a limited use and may lease the same at such
rental and upon such terms and conditions as he considers
proper.
(3) A lease under subsection (2) for a term of twenty-one years i**®"™
or longer is subject to the approval of the Lieutenant Governor in
Council. 1977, c. 33, s. 4.
4. The moneys required for the purposes of this Act shall be Moneys
paid out of the moneys appropriated therefor by the Legisla-
ture. R.S.O. 1970, c. 17, s. 5.
Sec. 5 ALCOHOLISM & DRUG ADDICTION Chap. 17 75
CHAPTER 17
Alcoholism and Drug Addiction
Research Foundation Act
1. In this Act, interp'"'-
(a) "addict" means a person who is addicted to a sub-
stance other than alcohol ;
(b) "addiction" means addiction to a substance other
than alcohol;
(c) "alcoholic" means a person who suffers from alcohol-
ism;
(d) "alcoholism" means a diseased condition produced
by the action of alcohol upon the human system;
(e) "Board" means the professional advisory board of
the Foundation ;
(/) "Foundation" means the Alcoholism and Drug Ad-
diction Research Foundation ;
{g) "Minister" means the Minister of Health. R.S.O.
1970, c. 18, s. 1.
2. — (1) The corporation known as the Alcoholism and ^o^^^J^^^^"
Drug Addiction Research Foundation is continued.
(2) The Foundation shall be composed of not fewer than composition
seven and not more than twenty members appointed by the
Lieutenant Governor in Council. R.S.O. 1970, c. 18, s. 2.
3. The Lieutenant Governor in Council may designate one <^*^**'"'"*"
of the members to be chairman of the Foundation. R.S.O.
1970, c. 18, s. 3.
4. Five members of the Foundation constitute a quorum. Quorum
R.S.O. 1970, c. 18, s. 4.
5. The Lieutenant Governor in Council may fill any vacancies
vacancy among the members of the Foundation. R.S.O.
1970, c. 18, s. 5.
76
Head office
Objects and
powers
Chap. 17
ALCOHOLISM & DRUG ADDICTION
Sec. 6
Further
powers
Grants
By-laws
6. The head office of the Foundation shall be at or near
the City of Toronto. R.S.O. 1970, c. 18, s. 6.
7. The objects of the Foundation are and it has power,
(a) to conduct and promote a program of research in
alcoholism and addiction ; and
[b) to conduct, direct and promote programs for,
(i) the treatment of alcoholics and addicts,
(ii) the rehabilitation of alcoholics and addicts,
(iii) the experimentation in methods of treating
and rehabilitating alcoholics and addicts, and
(iv) the dissemination of information respecting
the recognition, prevention and treatment of
alcoholism and addiction. R.S.O. 1970, c. 18,
s. 7.
8. — (1) For the furtherance of its objects, the Foundation
may,
(a) establish, conduct, manage and operate hospitals,
clinics and centres for the observation and treatment
of and for consultation with alcoholics and addicts;
and
(b) enter into agreements,
(i) with hospitals and other institutions for the
accommodation, care and treatment of alco-
holics and addicts, and
(ii) with universities, hospitals and other institu-
tions for the experimentation in methods of
treatment of alcoholics and addicts.
(2) The Foundation may make such grants as are con-
sidered by the Foundation necessary or desirable for the
furtherance of its objects. R.S.O. 1970, c. 18, s. 8.
9. The Foundation may make such by-laws as are con-
sidered expedient for its constitution and the administration
of its affairs, and may do such other things as are considered
necessary or advisable to carry out its objects. R.S.O. 1970,
c. 18, s. 9.
Sec. 17 ALCOHOLISM & DRUG ADDICTION Chap. 17 77
10. The Foundation may acquire by purchase or lease Acquisition
any land and buildings, and may erect buildings, and may
acquire such equipment, instruments, appliances, materials
and other things as are considered necessary or advisable to
carry out its objects. R.S.O. 1970, c. 18, s. 10.
11. The real and personal property, business and income Exemption
of the Foundation are exempt from all assessment and taxa- taxation
tion made, imposed or levied by or under the authority of any
Act of the Legislature. R.S.O. 1970, c. 18, s. 11.
12. There shall be a professional advisory board composed ^Q*"^**
of such legally qualified medical practitioners, scientists and
other persons as the Foundation, with the approval of the
Lieutenant Governor in Council, may appoint. R.S.O. 1970,
c. 18, s. 12.
13. — (1) The Foundation may employ a director and sucho<'^°®™
£c 11 -11 !• and Staff
oiTicers, clerks and servants as are considered expedient.
(2) The Foundation may engage the services of such experts Experts
and other persons as are considered expedient. R.S.O. 1970,
c. 18, s. 13.
14. — (1) Each member of the Foundation and the Board Expenses
shall be paid his proper travelling and other expenses incurred
in the work of the Foundation.
(2) Subject to the approval of the Lieutenant Governor ^j®^^f^™-
in Council, the members of the Board shall be paid such Board
remuneration as the Foundation determines from time to
time. R.S.O. 1970, c. 18, s. 14.
15. The funds of the Foundation consist of moneys re-^"°<^^
ceived by it from any source, including moneys appropriated
for its use by the Legislature, and the Foundation may dis-
burse, expend or otherwise deal with any of its funds in
such manner as it considers proper. R.S.O. 1970, c. 18, s. 15.
16. The accounts and financial transactions of the Foun-^'^'^"
dation shall be audited annually by the Provincial Auditor,
who shall make a report thereon to the Foundation and to
the Minister, and the cost of the audit and report shall be
paid out of the funds of the Foundation. R.S.O. 1970, c. 18,
s. 16.
17. The Foundation shall make a report annually to the^^nnuai
Minister, who shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before
the Assembly if it is in session or, if not, at the next ensuing
session. R.S.O. 1970, c. 18, s. 17.
Sec. 4 (1) ALGONQUIN FORESTRY AUTHORITY Chap. 18 79
CHAPTER 18
Algonquin Forestry Authority Act
1 . In this Act, interpre-
tation
(a) "Algonquin Provincial Park" means Algonquin Provin-
cial Park as set apart from time to time under the Pro- R so. i98o,
vincial Parks Act;
(b) "Authority" means the Algonquin Forestry Author-
ity incorporated by this Act;
(c) "Board" means the Board of Directors of the
Authority ;
{d) "Crown timber" has the same meaning as in the Crown R so. i980.
Timber Act;
{e) "Minister" means the Minister of Natural Resources;
if) "Treasurer of Ontario" means the Treasurer of Ontario
and Minister of Economics. 1974, c. 99, s. 1.
2. The Minister is responsible for the administration of fiJ^of^^*'^*'
this Act. 1974, c. 99, s. 2. Act
3. — (1) There is hereby established on behalf of Her ^^^'^^^'
Majesty in right of Ontario a corporation without share
capital under the name of Algonquin Forestry Authority
consisting of not fewer than five and not more than
twelve members appointed by the Lieutenant Governor in
Council to hold office during pleasure.
(2) The Authority is an agent of Her Majesty in right of Ontario Crown
and is a Crown agency for the purposes of the Crown Agency Act. ^^^q j^gg
c. 106
(3) The Corporations Act does not apply to the Author- R so. i98a
ity. 1974, C. 99, S. 3. not to apply
4. — (1) The members for the time being of the Authority Directors
form and are its Board of Directors, and the Lieutenant
Governor in Council shall designate one of them as chair-
man and one of them as vice-chairman of the Board.
80
Chap. 18 ALGONQUIN FORESTRY AUTHORITY ScC. 4 (2)
Remuner-
ation
Management
(2) The Authority may pay its directors such remuneration
and expense allowance as may from time to time be fixed
by the Lieutenant Governor in Council.
(3) Subject to subsection 9 (4), the affairs of the Authority are
under the management and control of the Board and the chair-
man, subject to subsection (4), shall preside at all meetings of the
Board.
chairman ^^^ ^" ^^^ ^^^^ °^ ^^^ absence or illness of the chairman
or of there being a vacancy in the office of chairman, the
vice-chairman shall act as chairman and shall have all the
powers and shall perform all the duties of the chairman.
Quorum
(5) A majority of the directors constitutes a quorum of
the Board.
Seal
(6) The Board may make by-laws regulating its pro-
ceedings and generally for the conduct and management of
the affairs of the Authority.
(7) The Authority shall have a seal which shall be adopted
by by-law. 1974, c. 99, s. 4.
General
manager
5. The Lieutenant Governor in Council shall appoint a
person to be the general manager of the Authority who shall
be subject to the control and direction of the Board and
who shall be paid by the Authority such remuneration and
expense allowance as may be fixed by the Lieutenant Gover-
nor in Council. 1974, c. 99, s. 5.
Officers and
employees
6. — (1) The Authority may, subject to the approval of
the Lieutenant Governor in Council, establish job classi-
fications, personnel qualifications, duties, powers and salary
ranges for its officers and employees and may appoint,
employ and promote its officers and employees in conformity
with the classifications, qualifications and salary ranges so
approved and may dismiss its officers and employees for just
cause.
Super-
annuation
R.S.O. 1980,
c. 419
Attendance
and vacation
credits
R.S.O. 1980,
c. 418
(2) The Public Service Superannuation Act applies to the per-
manent and full-time probationary staff of the Authority.
(3) Where the Authority employs a person heretofore employed
as a civil servant within the meaning of the Public Service Act,
any attendance credits or vaction credits standing to the credit of
such person as a civil servant shall continue to the credit of such
person as an officer or employee of the Authority. 1974, c. 99,
s. 6.
Sec. 9 (4) (b) ALGONQUIN FORESTRY AUTHORITY Chap. 18 81
7. Subiect to the approval of the Lieutenant Governor Professional
/- r ^1 A a.1 -I ,, , and other
in Council, the Authonty may engage persons other than assistance
those appointed or employed pursuant to section 6 to provide
professional, technical or other assistance to or on behalf of
the Authority, and may prescribe the terms of engagement
and provide for payment of the remuneration and expenses
of such persons, 1974, c. 99, s. 7.
8. No director, officer or employee of the Authority, Limitation
or other person acting on behalf of the Authority, is per- wabiiity
sonally liable for any act done in good faith in the exercise
or intended exercise of any of his duties or powers or for any
default or neglect in good faith in the exercise of any of his
duties or powers. 1974, c. 99, s. 8.
9. — (1) Subject to subsection (2), the objects of the Authority objects
are,
(a) subject to the Crown Timber Act, to harvest Crown R so. iqso,
timber and produce logs therefrom and to sort, sell,
supply and deliver the logs;
{b) to perform, undertake and carry out such forestry,
land management and other programs and pro-
jects as the Minister may authorize and to advise
the Minister on forestry and land management
programs and projects of general advantage to
Ontario.
(2) The Authority shall carry out its objects in Algonquin Jurisdiction
Provincial Park and in respect of Crown timber on such
lands adjacent thereto as may be designated by the
Lieutenant Governor in Council.
(3) Subject to the Public Lands Act, the Authority may acquire Use of
and hold public lands or any interest therein for its actual use and r s o i98o
occupation. c. 413
(4) The Authority is responsible to and subject to the Objectives
direction and control of the Minister and, without limiting
the generality of the foregoing, the Minister may determine
for the Authority,
[a) production and operational objectives aimed at^
regulating the flow of logs;
{b) social objectives aimed at maintaining or improving—,
employment levels in the forest industry; and
82
Chap. 18 ALGONQUIN FORESTRY AUTHORITY SeC. 9 (4) (c)
(c) financial, commercial and economic objectives aimed
at ensuring reasonable prices for logs produced by
or on behalf of the Authority and ensuring a reason-
able rate of return on the capital invested in the
Authority. 1974, c. 99, s. 9.
Capacity of
a natural
person and
power to
act outside
Ontario
10. — (1) The Authority has all the capacity and powers
of a natural person, including the capacity to exercise its
powers beyond the boundaries of Ontario to the extent to
which the laws in force where the powers are sought to be
exercised permit, and may accept extra-provincial powers
and rights.
Dealings
with
Authority
(2) No act of the Authority and no transfer of real or
personal property to or by the Authority is invalid by
reason of the fact that the Authority was without capacity
or power to do such act or make or receive such transfer.
1974, c. 99, s. 10.
Master
plan
11. — (1) The Minister shall prepare a master plan that,
balances the public interest in maintaining and improving
the quality of Algonquin Provincial Park for the purpose of
recreation and the public interest in providing a flow of logs
from Algonquin Provincial Park.
Amendment
(2) The Minister may amend the master plan and shall
provide a copy of it and every amendment to the Authority.
Quality of
operations
(3) The Authority shall conduct its operations in con-
formity and harmony with the provisions and true intent
and spirit of the master plan and all amendments thereof,
and shall ensure that such operations are conducted, so far
as it is practicable so to do, with full regard at all times
for the aesthetics, ecology and all other qualities of the
environment. 1974, c. 99, s. 11.
Sans^^*°^ 12. — (1) The Lieutenant Governor in Council may author-
ize the Minister to make grants and loans to the Authority
at such times and upon such terms as the Lieutenant Gover-
nor in Council considers advisable.
Statutory
appropriation
(2) The money required for the purposes of subsection (1) shall
be paid out of the Consolidated Revenue Fund. 1974, c. 99, s. 12.
Application 1 3. — (1) Subjcct to subsectioH (2) and section 14, the property
and monUs and moncys of the Authority shall be applied solely to promote the
objects of the Authority.
Sec. 17 (b) ALGONQUIN FORESTRY AUTHORITY Chap. 18 83
(2) The Authority may temporarily invest any surplus ^^estment
moneys not immediately required for its objects in any moneys
securities issued by or guaranteed as to principal and
interest by the Province of Ontario, by any other province
of Canada, or by Canada.
(3) The Authority may, with the approval of the Minister, ^^^^^
maintain in its name one or more accounts in any chartered
bank or trust company. 1974, c. 99, s. 13.
14. The Authority, upon the order of the Lieutenant of ||^^"°°
Governor in Council, shall pay to the Treasurer of Ontario moneys
so much of the moneys of the Authority as the Lieutenant
Governor in Council considers in excess of the moneys
required for the objects of the Authority, and any moneys
so paid may be applied by the Treasurer of Ontario towards
the discharge of any obligation of the Authority" to Her
Majesty in right of Ontario, and if not so applied shall form
part of the Consolidated Revenue Fund. 1974, c. 99, s. 14.
15. Unless otherwise ordered by the Lieutenant Governor ^|^
in Council, the fiscal year of the Authority commences on
the 1st day of April in each year and ends with the 31st
day of March in the following year. 1974, c. 99, s. 15.
16. — (1) The Authority shall establish and maintain an ^^o^wng
accounting system satisfactory to the Minister.
(2) The Minister may direct the Authority to Prepare submi^on
and submit to the Minister, in such form and at such time tion and
data to
as the Minister directs, forecasts, estimates and analyses Minister
of revenues, expenditures, commitments and any other data
and information pertaining to any aspect of the affairs of
the Authority. 1974, c. 99, s. 16.
17. The Authority shall, within three months after the ^^^^
termination of each fiscal year, submit an annual report to
the Minister in such form as he may direct, which shall
include,
(a) a description of its operation for the fiscal year;
{b) an audited financial statement, including a balance
sheet, a statement of income and expense and a
statement of surplus or deficit for the fiscal year;
and
84
Chap. 18 ALGONQUIN FORESTRY AUTHORITY Sec. 19 (5)
(c) such other information in respect of the affairs of
the Authority as the Minister may require,
and the Minister shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before
the Assembly if it is in session or, if not, at the next ensuing
session. 1974, c. 99, s. 17.
Audit
18. The accounts and financial transactions of the Author-
ity shall be audited annually by the Provincial Auditor,
and a report of the audit shall be made to the Minister and
the Authority in which the Provincial Auditor shall,
{a) express an opinion on the financial statements of
the Authority; and
{b) include any matters that he considers should be
brought to the attention of the Minister and the
Authority. 1974, c. 99, s. 18.
Termination
of Crown
timber
licences
R.S.O. 1980,
c. 109
19. — (1) Notwithstanding anything in any general ot^
special Act or in any regulation, licence, management
plan or operating plan and, subject to subsection (2), the Lieuten-
ant Governor in Council shall by order in council terminate any
licence heretofore granted under the Crown Timber Act, the
licensed area of which is wholly or partly within Algonquin Pro-
vincial Park.
60 day
notice of
termina-
tion
(2) Every order in council made pursuant to subsection (1) shall
provide that each licence referred to in the order in council is
terminated as of the sixtieth day next following the date of the
order in council.
Service
of order
in council
terminating
Crown
timber
licences
(3) The Minister shall forward by registered mail a copy of
every order in council made pursuant to subsection (1) to the
licensee of each licence referred to in the order in council, addres-
sed to the last place of business of the licensee as shown in the
records in the Ministry of Natural Resources.
Termination (4) Upon the termination of a licence pursuant to subsection (1),
approval cach approval issued pursuant to subsection 14 (1) of the Crown
Timber Act in respect of the licence shall thereafter be null and
void.
S'r^hT^^'"" ^^^ ^^^ licensee of a licence terminated under subsection (1)
for Crow n shall continuc to be liable for all indebtedness in respect of Crown
charges charges as defined in the Crown Timber Act in respect of the
licence. 1974, c. 99, s. 19.
Sec. 2 aliens' real property Chap. 19 85
CHAPTER 19
Aliens' Real Property Act
1. Every alien has the same capacity to take by gift, con- Aliens'
veyance, descent, devise, or otherwise, and to hold, possess, to real
enjoy, claim, recover, convey, devise, impart and transmit ^^^^^^
real estate in Ontario as a natural born or a naturalized
subject of Her Majesty. R.S.O. 1970, c. 19, s. 1.
2. The real estate in Ontario of an alien dying i^^testate ^^Sj°®g'|.^°f
descends and may be transmitted as if it had been the real of aliens
estate of a natural born or a naturalized subject of Her
Majesty. R.S.O. 1970, c. 19. s. 2.
Lx
Sec. 2 AMBULANCE Chap. 20 87
CHAPTER 20
Ambulance Act
1. In this Act, interpre-
tation
(a) "ambulance" means a conveyance used or intended
to be used in an ambulance service for the trans-
portation of persons requiring medical attention
or under medical care ;
{b) "ambulance service" means a service held out to
the public as available for the conveyance of
persons requiring medical attention or under medical
care, and includes the service of dispatching
ambulances ;
(c) "Board" means the Health Facilities Appeal Board;
(d) "Director" means the Director of the Ambulance
Services Branch;
{e) "Minister" means the Minister of Health ;
if) "Ministry" means the Ministry of Health;
(g) "municipality" includes a metropolitan or regional
municipality but does not include an area municipality
thereof;
(h) "operator" means a person or corporation that owns or
provides an ambulance service and "operate" has a cor-
responding meaning;
(i) "regulations" means the regulations made under this
Act;
0) "resident" means a person who was actually residing
and physically present in a municipality for a
period of three months within the preceding six
months. R.S.O. 1970, c. 20, s. 1; 1972, c. 93, s. 1;
1975, c. 84, s. 1.
2. The Minister is responsible for the administration a^dAdminiBtra-
enforcement of this Act. R.S.O. 1970, c. 20, s. 2; 1972,
c. 93,s. 2.
88 Chap. 20 AMBULANCE Sec. 3 (1)
SiiaSe ^' — ^^^ Subject to section 8, the council of a municipality
service may pass by-laws for acquiring, maintaining and operating
an ambulance service. R.S.O. 1970, c. 20, s. 3 (1).
Agrreements (2) The Minister and the council of a municipality or
board of health of a health unit may enter into agree-
ments in respect of the acquisition, maintenance and operation
of an ambulance service. R.S.O. 1970, c. 20, s. 3 (2) ; 1972,
c. 93, s. 3.
Factions of 4. — (1) It is the duty of the Minister and he has power,
{a) to ensure the development throughout Ontario of a
balanced and integrated system of ambulance services
and of effectual ambulance communications facilities ;
{b) to require hospitals to establish, maintain and
operate ambulance services and intercommunication
respecting ambulance services ;
(c) to establish, maintain and operate, alone or in
co-operation with others, ambulance services, inter-
communication systems in connection with ambulance
services and storage depots for the equipment and
supply of ambulances;
(d) to establish and operate, alone or in co-operation
with one or more organizations, institutes and
centres for the training of personnel for ambulance
services ;
{e) to receive and disburse all moneys appropriated
by the Legislature for the purposes of this Act
and all moneys payable to the Ministry under this
Act;
if) to determine the amounts to be paid by the Minister
and to pay operators for ambulance services pro-
vided and to make retroactive adjustments for
underpayment and overpayment for such services
according to the cost thereof;
{g) to establish regions and districts for the purposes
of ambulance services and the communications
facilities therefor. R.S.O. 1970, c. 20, s. 4 (1) ; 1972,
c. 93, s. 4 (1-3).
Application (2) The Regulations Act does not apply to anything done by
R.S.O, 1980, the Minister under subsection (1). R.S.O. 1970, c. 20, s. 4 (2);
*^^*6 1972, c. 93, s. 4 (4).
Sec. 6 (1) AMBULANCE Chap. 20 89
5. — (1) Upon the request of the council of a municipality, °^*^®^
the Minister may, where he considers to do so would Minister
provide an improved ambulance service to the public, by
order designate the council of the municipality as the sole
authority to operate an ambulance service in that muni-
cipality.
(2) Where liie Minister makes an order under subsection (1), ^p°*^
order
(a) any person operating an ambulance service in the
municipality named in the order, other than the
council of the municipality, shall cease opjeration
on or before the day set out in the order; and
(b) the municipality shall pay to any person required
to cease operating an ambulance service as a result
of the order such sum of money by way of com-
pensation for the value of the ambulance service
to the operator as is consistent with the principles
of law and equity.
(3) The licence of a person who is required to cease dJemed
operating an ambulance service as a result of an order of cancelled
the Minister made under subsection (1) shall be deemed to have
been cancelled on the day set out in the order and the provisions of
sections 14, 15 and 16 do not apply to such cancellation.
(4) The Director shall not issue a licence to operate an ambu- When Director
lance service in a municipality named in an order made under issue
subsection (1) to any applicant other than the council of the''*^^""
municipality, and the provisions of sections 14, 15 and 16 do not
apply to any such refusal to issue a licence.
(5) The Minister may rescind any order made under subsection Minister
(1) and where the Minister does so subsection (4) ceases to have rescind
effect in respect of the municipality. °'''^^''
(6) The Regulations Act does not apply to an order of the Application
Minister made under subsection (1). 1975, c. 84, s. 2, part. r.s.o. i980,
c. 446
6. — (1) Where agreement cannot be reached as to the sum of Notice
money to be paid by the municipality under clause 5 (2) (6), either arbitration
the municipality or the operator of the ambulance service may
serve upon the other notice that the municipality or the operator,
as the case may be, desires that the amount of compensation be
determined by arbitration under the Arbitrations Act and each R so. i980,
. c. 25
party shall, within seven days of the service of the notice appomt a
member of a board of arbitration, and a third member who shall
be chairman shall be appointed within a further seven days by the
two members so appointed.
90
Chap. 20
AMBULANCE
Sec. 6 (2)
Application (2) Where a board of arbitration is appointed under subsection
R.s.o. 1980, (1), the provisions of the Arbitrations Act apply as though a
'^ ^5 submission had been made under that Act. 1975, c. 84, s. 2,
part.
Minister 7^ j^q application to incorporate a corporation whose
appucations objects include the operation of an ambulance service
poration shall be proceeded with until it has first received the
approval of the Minister. R.S.O. 1970, c. 20, s. 5; 1972,
c. 93, s. 5.
Operator's
licence
8. No person shall operate an ambulance service except
under the authority of a licence issued by the Director and
the Director may issue a licence upon such terms and sub-
ject to such conditions as are specified in the licence or the
regulations. R.S.O. 1970, c. 20, s. 6.
Temporary
licence
9. The Director may issue a temporary licence in accord-
ance with the regulations to operate a specified conveyance
as an ambulance for a definite period of time stated in the
licence. R.S.O. 1970, c. 20, s. 7.
Health
Facilities
Appeal
Board
10. — (1) The Health Facilities Appeal Board is continued and
shall be composed of five members appointed by the Lieutenant
Governor in Council, one of whom shall be designated by the
Lieutenant Governor in Council as chairman of the Board.
Quorum
Members
Remunera-
tion
Grounds
for refusal
to issue
(2) Three members of the Board constitute a quorum
and are sufficient for the exercise of all the jurisdiction and
powers of the Board.
(3) No employee of the Government of Ontario or of any
agency of the Crown shall be appointed a member of the
Board.
(4) The members of the Board shall be paid such remunera-
tion for their services as the Lieutenant Governor in Council
determines. 1972, c. 93, s. 6.
11. Subject to section 14, the Director may refuse to issue a
licence,
{a) where the proposed operation would be in con-
travention of this Act or the regulations ;
{b) where there is no public need for the ambulance
service to be operated pursuant to the licence in
the area where the applicant proposes to operate;
Sec. 14 (3) AMBULANCE Chap. 20 91
(c) where the applicant is not competent to operate or
financially capable of operating the ambulance
service reliably ; or
{d) the past conduct of the applicant or, where the
applicant is a corporation, of its officers or direc-
tors, affords reasonable grounds for belief that the
ambulance service will not be operated in accordance
with law and with honesty and integrity. R.S.O.
1970, c. 20, s. 8; 1971, c. 50, s. 5 (1, 2).
12. Subject to section 14, the Director may revoke, ^^°^^.
suspend or refuse to renew a licence for any reason for tion. etc.
which he may refuse to issue the licence if the licensee were
an apphcant or where the licensee has contravened this
Act or the regulations or is in breach of a condition of his
hcence. R.S.O. 1970, c. 20, s. 9; 1971, c. 50, s. 5 (3).
13. — (1) Where the Director issues a licence under this ^®*^]^
Act and the licensee is dissatisfied with the terms and con- of licence
ditions thereof prescribed by the Director, the licensee may
by written notice given to the Director and the Board require
a hearing by the Board and the Board shall appoint a time
for and hold a hearing. 1971, c. 50, s. 5 (4), part; 1972, c. 93,
s. 7(1).
(2) Following upon a hearing under subsection (1), the Board |^JJ^°'
may affirm the terms and conditions prescribed for the licence
by the Director or may cancel such terms and conditions or
may prescribe such other terms and conditions for the
licence in the place of those prescribed by the Director as it
considers proper and such terms and conditions shall be
terms and conditions of the licence. 1971, c. 50, s. 5 (4),
part, 1912, c. 93, s. 7(2).
14. — (1) Where the Director proposes to refuse to issue ^g^^^
or renew a licence or proposes to reVoke or suspend a etc.
licence, he shall serve notice of his proposal, together with
written reasons therefor, on the applicant or licensee. 1971,
c. 50, s. 5 (5), part.
(2) A notice under subsection (1) shall inform the applicant Notice
or licensee that he is entitled to a hearing by the Board
if he mails or delivers, within fifteen days after the notice
under subsection (1) is served on him, notice in writing
requiring a hearing to the Director and the Board, and he
may so. require such a hearing. 1971, c. 50, s. 5 (5), part;
1972, c. 93, s. 8 (1).
(3) Where an applicant or licensee does not require a hearing by o^ctor^
the Board in accordance with subsection (2), the Director may ^^^°
carrv' out the proposal stated in his notice under subsection
(1). ' 1971, c. 50, s. 5 {S),part; 1972, c. 93, s. 8.(2).
92
Chap. 20
AMBULANCE
Sec. 14 (4)
Powers of
Board
where
hearing
(4) Where an applicant or licensee requires a hearing
by the Board in accordance with subsection (2), the Board
shall appoint a time for and hold the hearing and, on the
apphcation of the Director at the hearing, may by order
direct the Director to carry out his proposal or refrain from
carrying out his proposal and to take such action as the Board
considers the Director ought to take in accordance with
this Act and the regulations, and for such purpose the
Board may substitute its opinion for that of the Director.
1971, c. 50, s. 5 {5), part; 1972, c. 93, s. 8 (3).
conations (^) '^^^ Board may attach such terms and conditions
to its order or to the hcence as it considers proper to give
effect to the purposes of this Act. 1971, c. 50, s. 5 (5),
^ay^;1972,c. 93,s. 8(4).
fimefor'°°^ (6) The Board may extend the time for the giving of
appeal notice requiring a hearing by an applicant or licensee under
this section either before or after expiration of such time
where it is satisfied that there are prima facie grounds for
granting relief to the applicant or licensee pursuant to a
hearing and that there are reasonable grounds for applying
for the extension, and the Board may give such directions
as it considers proper consequent upon the extension. 1971,
c. 50, s. 5 (5), part; 1972, c. 93, s. 8 (5).
of°ncence*^^°° (^) Where, within the time prescribed therefor or, if no
pending time is prescribed, before expiry of his licence, a licensee
has applied for renewal of his licence and paid the prescribed
fee, his licence shall be deemed to continue,
{a) until the renewal is granted; or
(6) where he is served with notice that the Director
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing by the
Board has expired and, where a hearing is required,
until the Board has made its decision. 1971, c. 50,
s. 5 {5), part; 1972, c. 93, s. 8(6).
Parties
. 15. — (1) The Director, the applicant or licensee who has
required the hearing and such other persons as are specified
by the Board are parties to proceedings before the Board
under this Act. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (1).
Notice of
hearing
(2) Notice of a hearing under section 14 shall afford the
applicant or licensee a reasonable opportunity to show or to
achieve compliance before the hearing with all lawful require-
ments for the issue or retention of the licence.
Sec. 16 (1) AMBULANCE Chap. 20 93
(3) An applicant or licensee who is a party to proceed- Examination
ings under section 14 shall be afforded an opportunity to mentary
examine before the hearing any written or documentary *
evidence that will be produced or any report the contents
of which will be given in evidence at the hearing. 1971, c. 50,
s. 5 (5), part.
(4) Members of the Board holding a hearing shall not^fjfi^nl"
have taken part in any investigation or consideration of the ^®?^°|
subject-matter of the hearing before the hearing and shall not taken
communicate directly or indirectly in relation to the subject- Investigation,
matter of the hearing with any person or with any party
or his representative except upon notice to and opportunity
for all parties to participate, but the Board may seek legal
advice from an adviser independent from the parties and
in such case the nature of the advice should be made known
to the parties in order that they may make submissions
as to the law. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (2).
(5) The oral evidence taken before the Board at a hearing ^eSnce
shall be recorded and, if so required, copies or a transcript
thereof shall be furnished upon the same terms as in the
Supreme Court. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (3).
(6) The findings of fact of the Board pursuant to a hearing shall ^/"^^"^^
be based exclusively on evidence admissible or matters that may
be noticed under sections 15 and 16 of the Statutory Powers R so. i980,
C 484
Procedure Act. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (4).
(7) No member of the Board shall participate in a decision °^°^y^jg^ ^^^
of the Board following upon a hearing unless he was present ^eartng to^
throughout the hearing and heard the evidence and argument in decision
of the parties and, except with the consent of the parties,
no decision of the Board shall be given unless all members
so present participate in the decision. 1971, c. 50, s. 5 (5),
part; 1972, c. 93, s. 9 (5).
16. — (1) Upon the request of any party to the hearing R^evi|w by
before the Board, made within fifteen days after being
served with a decision, the Minister shall review the record
and the decision of the Board and the reasons therefor, and
the Minister may confirm or alter the decision of the Director
or direct the Director to do any act the Director is authorized
to do under this Act and as the Minister considers proper,
and the decision of the Minister is final on all matters except
points of law. R.S.O. 1970. c. 20, s. 16(1); 1971, c. 50,
s. 5(6); 1972, c. 93, s. 10(1).
94
Reasons
Chap. 20
AMBULANCE
Sec. 16 (2)
(2) The Minister shall give the reasons for his decision under
subsection (1) to each of the parties to the hearing before the Board
within thirty days after he receives the request for the
review. R.S.O. 1970, c. 20, s. 16 (2); 1972, c. 93, s. 10 (2).
Appeal to
court
(3) Any person requesting a review under subsection (1) may
appeal the Minister's decision on any point of law to the Divisional
Court in accordance with the rules of court. 1971, c. 50, s. S (7).
Service
of notices
17. Except where otherwise provided, any notice required
by this Act to be served shall be served personally or by
registered mail addressed to the person to whom notice is
to be given at his last known address and, where notice is
served by registered mail, the service shall be deemed to have
been made on the third day after the day of mailing unless
the person to whom notice is given establishes that he did
not, acting in good faith, through absence, accident, illness
or other cause beyond his control receive the notice until a
later date. 1971, c. 50, s. 5 (8).
Appoint-
ment of
inspectors
18. — (1) The Minister may appoint inspectors for the
purposes of this Act and the regulations and such appoint-
ments shall be in writing. R.S.O. 1970, c. 20, s. 18(1);
1972, c. 93, s. 11.
Powers of
inspectors
(2) An inspector, upon the production of his appointment
under subsection (1), may enter the business premises or
conveyances of an operator at any time and may examine,
extract information from and make copies of his books,
accounts and records pertaining to the ambulance service
and may inspect the conveyances, supplies and equipment
for the purpose of determining their compliance with the
regulations. R.S.O. 1970. c. 20, s. 18 (2) ; 1971, c. 50, s. 5 (9) ;
1975, c. 84, s. 3.
Confidential (3) Each person employed in the administration of this
Act, including any person making an inquiry, inspection or
an investigation under this section shall preserve secrecy
with respect to all matters that come to his knowledge in
the course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters
to any other person except,
{a) as may be required in connection with the adminis-
tration of this Act and the regulations or any
proceedings under this Act or the regulations ; or
(6) to his counsel; or
Sec. 22 (1) (/) AMBULANCE Chap. 20 95
(c) with the consent of the person to whom the informa-
tion relates. 1971, c. 50, s. 5 (10).
19. Where a licensee is a corporation, the licensee shall ^oMce of
notify the Director within fifteen days of any change in the corporate
ixi&n&firG-
officers or directors of the corporation. R.S.O. 1970, c. 20,ment
s. 19.
20. Every licence, except a temporary licence, expires one^g^ration
year after it is issued. R.S.O. 1970, c. 20, s. 20. ° ''*°*'^^
21. Where a patient in a hospital is a person who is Payment of
receiving general assistance from a municipality under thebymunici-
General Welfare Assistance Act or is the dependant of any^* rf ,^0.^
. , ^ .... K.o.U. 1980,
such person and is transported to or from the hospital in anc. iss
ambulance, the municipality is also liable for and shall pay
to the hospital that person's share of the ambulance service
operator's fee as prescribed by the regulations. 1972, c. 93,
s. 12.
22. — (1) Subject to the approval of the Lieutenant ^^^^^^^^^^^^^
Governor in Council, the Minister may make regulations,
{a) prescribing the standards of conveyances and equip-
ment for ambulance services and of their maintenance
and repair and requiring the approval of the Director
for the acquisition of such conveyances and equip-
ment as are specified in the regulations ;
{h) governing the management, operation and use of
ambulance services, including insurance against
liability in connection with their operation ;
(c) prescribing the records, books, audits and account-
ing system to be kept, made or followed by operators
and the returns, reports and information to be sub-
mitted to the Director or the Minister ;
{d) prescribing the qualifications for persons employed
in ambulance services including their testing and
examination, physical or otherwise;
{e) providing for the issuing of licences and prescribing
terms and conditions of licences;
(/) requiring the payment of fees in connection with
licences and apphcations therefor and prescribing
the amounts thereof ;
96
Chap. 20
AMBULANCE
Sec. 22 (1) (g)
{g) prescribing the fees that may be charged by the
operators of each class of ambulance service for each
kind of service provided, the methods and times of
payment of such fees to the operators and the pro-
portion thereof that may be charged to the person
transported in an ambulance. R.S.O. 1970, c. 20,
s. 22(1); 1972, c. 93, s. 13.
Limited^ n ("^^ '^^^ regulations may provide that any provision is
limited in its application to any specified class of ambulance
service, person or thing. R.S.O. 1970, c. 20, s. 22 (2).
Penalty 23. — (1) Subjcct to subscction (2), any person who con-
travenes this Act or the regulations is guilty of an offence and on
conviction is liable to a fine of not more than $1,000.
Corporations (2) Where a corporation is convicted of an offence under sub-
section (1), the maximum penalty that may be imposed upon the
corporation is $10,000 and not as provided therein.
Penalty (3) Any person who prevents or obstructs or attempts to
prevent or obstruct an inspector from entering premises or
making an inspection authorized by this Act or the regulations
is guilty of an offence and on conviction is liable to a fine of not
more than $500.
Limitation
Minister
not vicar-
iously liable
(4) No proceeding under this section shall be commenced
more than one year after the time when the subject-matter
of the proceeding arose. R.S.O. 1970, c. 20, s. 23.
24. The Minister shall not be held to be vicariously hable
for the acts or omissions of operators or their employees.
R.S.O. 1970, c. 20, s. 24; 1972, c. 93, s. 14.
Limitation
period
26. No action shall be brought against an operator or an
employee of an operator for the recovery of damages occasioned
by negligence in the provision of ambulance services after the
expiration of one year from the time when the damages were
sustained. R.S.O. 1970, c. 20, s. 25.
Sec. 2 (3) ANATOMY Chap. 21 97
CHAPTER 21
Anatomy Act
1 . In this Act, Interpre-
' tation
(a) "disposition" means any disposition that may be
made of a body under the Cemeteries Act, and R so. i98o,
c 59
"dispose" has a corresponding meaning;
(6) "general inspector" means the general inspector of
anatomy ;
(c) "local inspector" means a local inspector of anatomy
having jurisdiction, and includes the general inspector ;
(d) "private morgue" means a place where bodies are
customarily retained before their disposition, other
than a public morgue;
(e) "public morgue" means a place under the control
and management of a municipal corporation where
bodies are retained before their disposition ;
(/) "regulations" means the regulations made under this
Act;
ig) "school" means an institution designated as a school
by the regulations. R.S.O. 1970, c. 21, s. 1.
2. — (1) The Lieutenant Governor in Council may appoint [^6°|^ai^^
a general inspector of anatomy who shall perform such duties
as are assigned to him by this or any other Act, and may per-
form any of the duties of a local inspector anywhere in Ontario.
(2) The Lieutenant Governor in Council may appoint per- ^*^'^ctors
sons who are coroners as local inspectors of anatomy for such
areas in Ontario as is considered advisable, and each local
inspector shall perform such duties as are assigned to him under
this or any other Act in the area in his jurisdiction, under
the supervision and direction of the general inspector.
(3) When a local inspector ceases to be a coroner, his germination
appointment as local inspector is terminated.
98
Chap. 21
ANATOMY
Sec. 2 (4)
Fees
Notice
to local
inspector,
etc.
R.S.O. 1980,
c. 93
(4) The general inspector and local inspectors are entitled
to the fees required to be paid to them under this Act. R.S.O.
1970, c. 21, s. 2.
3. — (1) Subject to the Coroners Act, the person having
possession of the body of a deceased person that,
(a) is unclaimed by a relative or bona fide friend within
twenty-four hours after the death; and
(b) has not been or will not be used for a purpose
R.S.O. 1980, authorized under the Human Tissue Gift Act,
c. 210 -^
shall notify the local inspector and shall furnish the local
inspector with such information respecting the deceased person
as is within the knowledge of the notifier and as the local
inspector may require.
Bodiesunder (2) A body of which the local inspector is notified under
local subsection (1) shall be deemed to be under his control for the
inspector <• ^l • a ^
purposes of this Act.
Claiming
bodies
(3) A body, while under the control of the local inspector,
may be claimed by a relative for disposition or by any other
person who gives a bona fide undertaking to dispose of the
body. R.S.O. 1970, c. 21, s. 3.
Bodiesfor 4, — (1) Subject to the Coroners Act, the local inspector
dissection may cause a body under his control to be delivered to a teacher
of anatomy or surgery in a school, for the purpose of
anatomical dissection.
Idem
(2) No body upon which a post mortem examination has
been performed shall be delivered to a teacher of anatomy or
surgery in a school unless the school is first informed of the
post mortem examination and consents to accept the body.
R.S.O. 1970, c. 21, s. 4.
Claiming
of bodies
after
delivery
to school
Donated
bodies
5. — (1) A school that receives a body under section 4 shall
keep and preserve the body for not fewer than fourteen days,
and, if the body is claimed within that time by a person entitled
to claim the body under section 3, the school shall deliver the
body to such person upon payment of the transportation
costs actually incurred by the school, or such part of the
costs as the school requires, and shall notify the general
inspector of the fact.
(2) A school that receives a body for the purpose of
anatomical dissection, other than under section 4, shall im-
mediately notify the local inspector and shall not begin a
Sec. 10 (6) ANATOMY Chap. 21 99
dissection of the body until the local inspector has certified in
writing that he has obtained such particulars of the body as
he may require. R.S.O. 1970, c. 21, s. 5.
6. Where doubt exists as to whether a person is entitled Order of
to claim a body under section 3 or 5, the person claiming theoff°nc"es
body may apply to the provincial offences court having jurisdic-*^""'^^
tion in the locality where the body is found for an order (Form 1),
and the court may make the order. R.S.O. 1970, c. 21, s. 6,
revised .
7. A school receiving a body shall dispose of the body at ^/^p^^^^^°°
the expense of the school after it has served the purpose for by school
which it was received, but, before disposing of the body, the
school shall give notice of the disposition to the general
inspector. R.S.O. 1970, c. 21, s. 7.
8. Every school shall keep such records as are prescribed ^y school
by the regulations, and the records shall be open at all times
to inspection by the general inspector or a local inspector.
R.S.O. 1970, c. 21, s. 8.
9. — (1) The general inspector may inspect the methods and inspection
facilities of a school for handling, preserving, storing, dissecting,
and disposing of bodies and the parts thereof.
(2) The general inspector may make such orders in writing Q/"^|n|i.ai
as he considers necessary requiring a school to provide and inspector
maintain any of the methods and facilities referred to in sub-
section (1) in accordance with good anatomical practices, and,
where an order is not complied with, the general inspector
may, in his discretion, suspend delivery of bodies to the school
for such periods as he may determine. R.S.O. 1970, c. 21, s. 9.
10. Every local inspector shall, Jfiocai
Inspector
(a) keep a register showing,
(i) the name, sex, age, birthplace and last place of
residence of every person whose body is under
his control or of whose body he has been notified
under subsection 5 (2), and
(ii) the name of the school to which the body was
delivered and the date of the delivery; and
(b) furnish the general inspector with such information
as he requires. R.S.O. 1970, c. 21, s. 10.
100
Chap. 21
ANATOMY
Sec. 11
Duty of
municipality
to bury
11. Subject to this Act, any unclaimed body found within
the Hmits of a city, town, village or township shall, at the
request of the local inspector or, where there is no local
inspector appointed under subsection 2 (2), of a coroner, be dis-
posed of at the expense of the corporation, but the corporation
may recover the expense thereof from the estate of the deceased or
from any person whose duty it was to dispose of the
body. R.S.O. 1970, c. 21, s. 11.
morgues*" 12. — (1) A local inspector or, where there is no local
inspector, a coroner may order a body to be stored in a public
morgue or retained in a private morgue until other arrange-
ments are made.
Security in (2) Every person in charge of a pubhc or private morgue
shall ensure that bodies in the morgue are secure against
unlawful interference. R.S.O. 1970, c. 21, s. 12.
Offence
13. — (1) Every person who contravenes this Act is guilty
of an offence and on conviction is liable, if a corporation, to a fine
of not more than $2,000 or, if not a corporation, to a fine of not
more than $1,000 or to imprisonment for a term of not more than
one year, or to both.
Liability of
corporation
of which
school a
part
(2) For the purposes of subsection (1), where an institution
that is designated as a school for the purposes of this Act is
part of a college or university that is a corporation, a duty
imposed by this Act on the school shall be deemed to be
imposed on the corporation. R.S.O. 1970, c. 21, s. 13.
Regulations X4. The Lieutenant Governor in Council may make regu-
lations.
(a) designating schools for the purposes of this Act ;
(b) prescribing the records that shall be kept by schools ;
(c) prescribing the duties of the general inspector and
the local inspectors in addition to the duties imposed
by this Act ;
{d) requiring the payment of fees to the general inspector
and local inspectors for services performed under this
Act and the regulations, and prescribing the amounts
thereof ;
{e) prescribing forms for the purposes of this Act and
providing for their use. R.S.O. 1970, c. 21, s. 14.
Form 1 ANATOMY Chap. 21 101
FORM 1
{Section 6)
Anatomy Act
To whom it may concern :
Whereas A.B. of {here state the residence and occupation of the person by
whom or on whose behalf the order is applied for) has satisfied me that he is a
relative {or is a bona fide friend, or has given a bona fide undertaking to dispose
of the body) of CD., deceased, and is entitled to have the body delivered
to him for the purpose of disposition.
I hereby authorize and order every person and authority having the
present custody or control of the body forthwith upon presentation of this
order to deliver it to the said A.B. for disposition.
Witness my hand as a justice of the Provincial Offences Court of the
of ,
this day of , 19
R.S.O. 1970, c. 21, Form 1.
Sec. 1 0) ANIMALS FOR RESEARCH Chap. 22 103
CHAPTER 22
Animals for Research Act
1. In this Act, interpre-
tation
{a) "animal" means a live, non-human vertebrate;
(6) "Director" means the Director of the Veterinary
Services Branch of the Ministry of Agriculture and
Food;
(c) "inspector" means an inspector appointed under this
Act;
id) "licence" means a licence under this Act;
(e) "Minister" means the Minister of Agriculture and Food;
if) "pound" means premises that are used for the deten-
tion, maintenance or disposal of dogs or cats that
have been impounded pursuant to a by-law of a muni-
cipality, but does not include any premises, or part
thereof, that are not used by any person or body of
persons, including the Ontario Society for the Preven-
tion of Cruelty to Animals or any society affiliated
therewith, for the detention, maintenance or disposal
of dogs or cats so impounded ;
(g) "redemption period" means that period of time within
which the owner of a dog or cat that has been impounded
in a pound has the right to redeem it;
ih) "registration" means a registration under this Act;
(i) "regulations" means the regulations made under this
Act;
ij) "research" means the use of animals in connection
with studies, investigation and teaching in any field
of knowledge, and, without limiting the generality
of the foregoing, includes the use of animals for the
performance of tests, and diagnosis of disease and the
production and testing of preparations intended for
use in the diagnosis, prevention and treatment of any
disease or condition ;
104
Chap. 22
ANIMALS FOR RESEARCH
Sec. 1 (k)
(k) "research facility" means premises on which animals
are used in research and includes premises used for
the collecting, assembling or maintaining of animals
in connection with a research facility, but does not
include a farm on which pregnant mares are kept for
the collection of urine ;
R.S.O. 1980,
c. 270
(/) "Review Board" means the Agricultural Licensing
and Registration Review Board under the Ministry of
Agriculture and Food Act;
(m) "supply facility" means premises, other than a research
facility, that are used for the breeding and rearing of
animals pursuant to a contract between the operator
thereof and the operator of a research facility;
R.S.O. 1980,
c. 522
(«) "veterinarian" means a person registered under the Vet-
erinarians Act. R.S.O. 1970, c. 22, s. 1; 1971, c. SO,
s. 6 (1); 1972, c. 1, s. 1; 1978, c. 100, s. 3 (1).
Operator
required to
be licensed
2. — (1) No person shall commence or continue to be an
operator of a supply facility without a licence as an operator
of a supply facility from the Director unless he is exempt under this
Act or the regulations.
Exception
as to certain
sales
R.S.O. 1980,
c. 182
(2) An operator of a supply facility is exempt from subsection (1)
respecting cattle, fish, goats, horses, poultry, reptiles, sheep,
swine or game animals or fur-bearing animals as defined in the
Game and Fish Act, but in all other respects he is subject to the
provisions of this Act and the regulations.
Require-
ments for
licensing
(3) No person shall be granted a licence as an operator of a
supply facility unless he.
{a) is experienced in the proper care and handling of
animals; and
(6) possesses all pens, cages, compounds, vehicles, tools,
implements, buildings and dietary materials neces-
sary to properly care for and handle animals on his
premises.
Suspension (4) A licence as an operator of a supply facility may be
orrevoca- ^ ' ^ rr j j j
tionof suspended or revoked where,
licence '^
the operator has not properly maintained any of the
facilities, equipment or materials referred to in clause
(3) (6); or
Sec. 4 (3) (b) (i) animals for research Chap. 22 105
(b) the operator or any person employed by him or asso-
ciated with him in connection with his operation as
an operator has failed to observe or carry out the
provisions of,
(i) this Act or the regulations, or
(ii) any other Act relating to cruelty, maltreatment
or neglect of animals. R.S.O. 1970, c. 22, s. 3.
3. — (1) Subject to subsection 12 (1), the Director shall issue a J^sueof
licence as an operator of a supply facility to an applicant therefor
unless, in his opinion, the applicant does not comply with clauses 2
(3) (a) and (6). R.S.O. 1970, c. 22, s. 4 (1).
(2) Where the Director is of the opinion that an applicant does Refosai
not comply with clauses 2 (3) (a) and (6), he may, after a hearing,
refuse to issue the licence.
(3) Subject to subsection (4), the Director shall ren^w a licence Renewal
on application therefor by the licensee in accordance with this Act
and the regulations and payment of the prescribed fee.
(4) Where the Director is of the opinion, in the c£ise of a licensee, Refusal
that clause 2 (4) (a) or (6) applies, he may, after a hearing, refuse to suspension,
renew or may suspend or revoke the licence. 1971, c. SO, s. 6 (2).
4. — (1) No person shall commence or continue to operate f®??.^'^'^
a research facility unless the research facility is registered required
under this Act. registered
(2) No research facility shall be registered unless there are ^^^'^^^^
therein or adjacent thereto and in connection therewith all regristration
pens, cages, compounds, tools, implements, buildings and
dietary materials necessary to properly care for and handle
animals that are in the research facility.
(3) The registration of a research facility may be suspended ®^^p^^J^°
or revoked where, '^??9^ ^.
registration
(a) any of the facilities, equipment or materials referred
to in subsection (2) have not been properly maintained
therein; or
(b) the operator or any person employed by him or asso-
ciated with him in the operation of the research facility
has failed to observe or carry out the provisions of,
(i) this Act or the regulations, or
106
Chap. 22
ANIMALS FOR RESEARCH Sec. 4 (3) (b) (ii)
(ii) any Act relating to cruelty, maltreatment or
neglect of animals. R.S.O. 1970, c. 22, s. 5.
Registration 5. — (1) Subjcct to subsection 12 (2), the Director shall register
a research facility in Ontario unless, in his opinion, it does not
contain the facilities, equipment or materials referred to in sub-
section 4 (2). R.S.O. 1970, c. 22, s. 6 (1).
Refusal
to register
(2) Where the Director is of the opinion that a research
facility in respect of which an application for registration is
made does not contain the facilities, equipment or materials
referred to in subsection 4 (2), he may, after a hearing, refuse to
register the research facility.
Renewal (3) Subject to subsection (4), the Director shall renew a
registration on application therefor by the registrant in
accordance with this Act and the regulations and payment of
the prescribed fee.
Refusal
to review,
suspension,
etc.
(4) Where the Director is of the opinion that clause 4 (3) (a) or (b)
applies, he may, after a hearing, refuse to renew or may suspend
or revoke the registration of the research facility. 197Uc.50,s.6
(3).
Provisional g^ — (j) Notwithstanding section 3 and section 5, the Direc-
etc. tor, by notice to an operator and without a hearing, may
provisionally refuse to renew or suspend the operator's licence
or registration where in the Director's opinion it is necessary
to do so for the immediate protection of the safety or health
of, or the prevention of cruelty or maltreatment to or
neglect of any animal and the Director so states in such
notice giving his reasons therefor, and thereafter the Director
shall hold a hearing to determine whether renewal of the
licence or registration should be refused or whether the licence
or registration should be further suspended or revoked under
this Act and the regulations.
Continuation (2) Subject to subsection (1), where, within the time pre-
of licence or \/ , , , ., . . -i i i r •
regristration scribed therefor or, if no time is prescribed, before expiry
renewal of his licence or registration, an operator has applied for a
renewal thereof and paid the prescribed fee and has observed
or carried out the provisions of this Act and the regulations,
his existing licence or registration shall be deemed to continue
until he has received the decision of the Director on his
application for renewal. 1971, c. 50, s. 6 (4), part.
Notice of
hearing
7. — (1) The notice of a hearing by the Director under
section 3 or section 5 shall afford to the applicant or operator
a reasonable opportunity to show or to achieve compliance
Sec. 9 (4) ANIMALS FOR RESEARCH Chap. 22 107
before the hearing with all lawful requirements for the issue
or retention of the licence or registration.
(2) An applicant or operator who is a party to proceedings Examination
in which the Director holds a hearing shall be afforded an mentary
opportunity to examine before the hearing any written or ®^**®°°®
documentary evidence that will be produced or any report
the contents of which will be given in evidence at the hearing.
1971, c. 50, s. 6 {^),part.
8. Where the Director has refused to issue or renew or hasy"?*"°?°f
, , 111- - • decision by
suspended or revoked a licence or registration pursuant to a Director
hearing, he may, at any time of his own motion or on the
application of the person who was the applicant or operator,
vary or rescind his decision, but the Director shall not vary
or rescind his decision adversely to the interests of any per-
son without holding a rehearing to which such person is a
party and may make such decision pursuant to such rehearing
as he considers proper under this Act or the regulations. 1971,
c. 50, s. 6 (4), part.
9. — (1) Where the Director refuses to issue or renew or^^*^*^
suspends or revokes a licence or registration, the applicant Board
or operator may, by written notice delivered to the Director
and filed with the Review Board within fifteen days after
receipt of the decision of the Director, appeal to the Review
Board.
(2) The Review Board may extend the time for the giving ^^^*°°
of notice by an applicant or operator under subsection (1) for appeal
either before or after expiration of such time where it is
satisfied that there are prima facie grounds for appeal and
that there are reasonable grounds for applying for the extension.
(3) Where an applicant or operator appeals to the Review J*/|p°*^i
Board in accordance with subsection (1), the Review Board
shall hear the appeal by way of a hearing de novo to determine
whether the licence or registration should be issued, renewed,
suspended or revoked and may, after the hearing, confirm or
alter the decision of the Director or direct the Director to
do any act he is authorized to do under this Act and as the
Review Board considers proper and, for such purpose, the
Review Board may substitute its opinion for that of the
Director.
(4) Notwithstanding that an applicant or operator has ^^^^°^
appealed under this section from a decision of the Director, pending
diS'DOS&l
unless the Director otherwise directs, the decision of the of appeal
Director is effective until the appeal is disposed of. 1971, c. 50,
s. 6 (4), part.
108
Chap. 22
ANIMALS FOR RESEARCH
Sec. 10 (1)
Parties
10. — (1) The Director, the appellant and such other persons
as the Review Board may specify are parties to the proceedings
before the Review Board under this Act.
makS^ (2) Members of the Review Board assigned to render a deci-
decisionnot sion after a hearing shall not have taken part prior to the
to have , . ° . . . , • r i i_ • ^
taken heanng m any mvestigation or consideration of the subject-
Investiga- matter of the hearing and shall not communicate directly or
tion.etc. indirectly in relation to the subject-matter of the hearing with
any person or with any party or his representative except
upon notice to and opportunity for all parties to participate,
but such members may seek legal advice from an adviser
independent from the parties and in such case the nature of
the advice should be made known to the parties in order that
they may make submissions as to the law.
Recording of (3) Xhe oral evidence taken before the Review Board at a
evidence , ^ '
hearing shall be recorded and, if so required, copies or a
transcript thereof shall be furnished upon the same terms as
in the Supreme Court.
of fact^^ (4) The findings of fact of the Review Board pursuant to a
hearing shall be based exclusively on evidence admissible or
matters that may be noticed under sections 15 and 16 of the
R.s.o. 1980, Statutory Powers Procedure Act.
c. 484 -^
Only
members
at hearing
to participate
in decision
(5) No member of the Review Board shall participate in a
decision of the Review Board pursuant to a hearing unless
he was present throughout the hearing and heard the
evidence and argument of the parties and, except with the
consent of the parties, no decision of the Review Board shall
be given unless all members so present participate in the
decision. 1971, c. 50, s. 6 (4), part.
Appeal
to court
1 1. — (1) Any party to the hearing before the Review Board
may appeal from the decision of the Review Board to the Divi-
sional Court in accordance with the rules of court.
Minister
entitled to
be heard
(2) The Minister is entitled to be heard, by counsel or
otherwise, upon the argument of an appeal under this section.
Record to
be filed
in court
(3) The chairman of the Review Board shall file with the
Registrar of the Supreme Court the record of the proceedings
before the Review Board which, together with a transcript of the
evidence before the Review Board, if it is not part of the Review
Board's record, shall constitute the record in the appeal.
Powers of
court on
appeal
(4) An appeal under this section may be made on questions
of law or fact or both and the court may confirm or alter the
decision of the Review Board or direct the Director to do any
Sec. 14 (3) ANIMALS FOR RESEARCH Chap. 22 109
act the Director is authorized to do under this Act and as the
court considers proper and the court may substitute its opinion
for that of the Review Board.
(5) Notwithstanding that an applicant or Hcensee has^^^^^^^jO^^j
appealed under this section from a decision of the Review Board
Board, unless the Review Board otherwise directs, the decision disposal
of the Review Board is effective until the appeal is disposed ° ^^^
of. 1971, c. 50, s. 6 (4),/)ar^
12. — (1) The Director shall not issue a licence to any Person J^en^^ ^
who formerly held a licence as an operator of a supply facility to issue
and whose licence was revoked less than one year before the
date of the application.
(2) The Director shall not register a research facility that when
' ' o J research
was formerly registered and the registration of which was facility
revoked less than one year before the date of the application, registered
R.S.O. 1970, c. 22, s. 15.
13. Animals that are bred and reared in a supply facility ^°^^*^^ ^°
shall, at all times, be maintained by the operator thereof in separate
such manner that they are separate from any other animals
owned by him. R.S.O. 1970, c. 22, s. 17.
14. — (1) No person shall purchase or otherwise acquire an Purchase
animal from any person in Ontario for use in a research facility acquisition
. t ofanimals
except from,
(a) the operator of a registered research facility ;
(6) the operator of a pound, under section 20;
(c) the operator of a supply facility who is,
(i) the holder of a licence eis an operator of a
supply facility, or
(ii) exempt under this Act or the regulations from the
provisions of subsection 2 (1) in respect of the
animal.
(2) No operator of a research facility shall sell or otherwise o^^her
dispose of any dog or cat purchased or otherwise acquired disposition of
under section 20 to any person other than the operator of a
registered research facility in Ontario.
(3) Nothing in this section prevents. Exceptions
110
Chap. 22
ANIMALS FOR RESEARCH
Sec. 14 (3) (a)
(a) the acquisition by a research facility of a dog or cat
that has been donated to the research facility by the
owner thereof;
(b) the return by the research facility of a dog or cat
acquired under clause 20 (6) (c) to the person who was the
owner thereof before it came into possession of the
operator of the pound; or
(c) the acquisition by the operator of a supply facility of
breeding stock from any person not referred to in sub-
section (1). R.S.O. 1970, c. 22, s. 18.
Reports 15^ The operator of a registered research facility shall
submit to the Director such reports respecting animals used
in the research facility for research as may be prescribed in
the regulations. R.S.O. 1970. c. 22, s. 19.
tob™*^^ 16. — (1) Every animal used in a registered research facility
anaesthetized in any experiment that is likely to result in pain to the animal
shall be anaesthetized so as to prevent the animal from suffering
unnecessary pairi.
Analgesics
to be
provided
(2) The operator of a research facility shall provide analgesics
adequate to prevent an animal from suffering unnecessary pain
during the period of its recovery from any procedure used in an
experiment. R.S.O. 1970, c. 22, s. 20.
Animal care 17. — (1) Every person or body of persons having control
of a registered research facility or facilities shall establish in
connection therewith an animal care committee, one of the
members of which shall be a veterinarian.
Responsi-
bility of
committee
(2) Every animal care committee established under sub-
section (1) shall be responsible for co-ordinating and reviewing,
{a) the activities and procedures relating to the care of
animals ;
{b) the standards of care and facilities for animals;
(c) the training and qualifications of personnel that are
engaged in the care of animals; and
(d) procedures for the prevention of unnecessary pain
including the use of anaesthetics and analgesics,
in every research facility in connection with which the animal
care committee is established, having regard to the require-
ments of this Act and the regulations.
Sec. 18 (3) (c) ANIMALS FOR RESEARCH Chap. 22 111
(3) The operator of a research facility shall, prior to con- Fiiinerof
ductiner any research project in which animals are to be used, project
file, or cause to be filed, with the animal care committee a withanimai
research project proposal setting forth the nature of all pro- ^^mittee
cedures to be used in connection with such animals, the
number and type of animals to be used and the anticipated
pain level that any such animal is likely to experience.
(4) Where an animal care committee has reason to believe Committee
^ ' to make
that there is, will be or has been an offence committed against orders
section 16 in any research facility in connection with which
it is established, the animal care committee shall order,
(a) that any research in connection with such offence be
stopped or not proceeded with; and
(b) that where such research has caused, in any animal,
severe pain or illness that cannot be alleviated, such
animal be forthwith humanely destroyed. R.S.O.
1970. c. 22, s. 21.
18. — (1) The Minister shall appoint a chief inspector who Ap^intment
is a veterinarian and such other inspectors as he considers inspector and
necessary, and, notwithstanding any other Act, such inspectors ^^^ °"
have exclusive authority to initiate proceedings to enforce the
provisions of this Act and the regulations.
(2) The production by an inspector of a certificate of his ^^'^mtoent
appointment purporting to be signed by the Minister is admis-
sible in evidence as prima facie proof of his app)ointment with-
out further proof of the signature or authority of the Minister.
(3) Subject to subsections (4), (5), (6), (7) and (8), an inspector, f^^^°i
for the purpose of carrying out his duties under this Act, may,
upon production of a certificate of his appointment,
{a) enter any premises, car, truck or other conveyance in
which he believes on reasonable and probable grounds
there are animals that are used, or that are intended
to be used, in research and inspect the premises, car,
truck or other conveyance, any facilities or equipment
therein and any animal therein;
{b) enter any pound and inspect the pound, any facilities
or equipment therein and any animals therein ; and
(c) demand the production or furnishing by the owner
or custodian thereof of any books, records, documents
or of extracts therefrom relating to animals that.
112
ANIMALS FOR RESEARCH Sec. 18 (3) (c) (i)
(i) are in a pound, or
(ii) he believes on reasonable and probable grounds
are used or intended to be used in research.
Entry of (4) Exccpt Under the authority of a warrant under section 142 of
dwellings
R s o 1980 ^^^ Provincial Offences Act, an inspector shall not enter any part
c. 400 of a dwelling without the consent of the owner or tenant unless,
{a) the occupant is a hcensed operator of a supply
facihty; and
(b) he has reasonable grounds for believing that the occu-
pant is maintaining in such part animals that are
used or intended to be used in research.
When
powers
to be
exercised
(5) An inspector shall exercise his powers under subsec-
tion (3) only between sunrise and sunset, but nothing in this
section affects the issuance and execution of a warrant under
section 142 of the Provincial Offences Act.
Production
and photo-
copying of
records,
etc.
(6) Where an inspector demands the production or furnish-
ing of books, records, documents or extracts therefrom, the
person having custody thereof shall produce or furnish them to
the inspector and the inspector may detain them for the
purpose of photocopying them, if such photocopying is carried
out with reasonable dispatch, and the inspector shall forthwith
thereafter return them to the person who produced or furnished
them.
Certifi-
cation of
photocopy
Demand
to be in
writing
(7) Where a book, record, document or extract has been
photocopied under subsection (6), a photocopy purporting to
be certified by the Minister, or a person thereunto authorized
by the Minister, to be a copy made pursuant to subsection (6)
is admissible in evidence and has the same probative force
as the original document would have had if it had been proven
in the ordinary way.
(8) Where an inspector makes a demand under clause (3) (c) , the
demand shall be in writing and shall include a statement of the
nature of the investigation and the general nature of the books,
records, documents or extracts required.
R.S.O. 1980,
c. 356,
not to apply
Obstruction
of inspector
(9) The Ontario Society for the Prevention of Cruelty to Ani-
mals Act does not apply in respect of animals in the possession of
the operator of a registered research facility or of a licensed
operator of a supply facility. R.S.O. 1970, c. 22, s. 22.
19. No person shall hinder or obstruct an inspector in the
course of his duties or furnish him with false information or
refuse to furnish him with information. R.S.O. 1970, c. 22, s. 23.
Sec. 20 (6) (6) (ii) animals for research Chap. 22 113
20. — (1) The minimum redemption period shall be three ^^^P^'io"
days, excluding the day on which the dog or cat was im-
pounded, or such longer period as the regulations prescribe
and holidays shall not be included in calculating any redemp-
tion period.
(2) The council of a local municipality may, by by-law, fix wem
a redemption period that is longer than the minimum redemp-
tion period prescribed by or under this Act and shall file a
copy of any such by-law with the Director.
(3) Except with the approval in writing of the Director, no Repeal or
, , r 1 • • 1 11 1 amendment
by-law referred to m subsection (2) shall be repealed or amended, of by-iaw
(4) Where the operator of a pound has impounded a dog or Notification
cat that has a tag, name plate or other means of identification,
he shall,
(a) notify the nearest office of the Ontario Society for the
Prevention of Cruelty to Animals or any society
affiliated therewith, except where the pound is
operated by such society or affiliated society; and
(6) take all reasonable steps to find the owner of the dog
or cat and shall forthwith notify the owner, if found,
that the dog or cat has been impounded.
(5) During the redemption period and subject to subsec- ^°^P^^^
tion (7), the operator of a pound shall not destroy or cause or destroyed
jjermit to be destroyed any dog or cat that is in the pound but
he may return the dog or cat to the person who owned it before
it came into his possession, subject to the payment of such
damages, fines and expenses as are required by law.
(6) After the redemption period has expired and subject to ^^®™
subsection (7), the operator of a pound shall not destroy or cause or
permit to be destroyed any dog or cat that is in the pound but he
may,
(a) return the dog or cat to the person who owned it
before it came into the possession of the operator of
the pound, subject to the payment of such damages,
fines and expenses as are required by law ;
(b) sell the dog or cat, dispose of it by gift or hold it in
possession for sale or disposal by gift to a bona fide
purchaser or donee,
(i) as a pet,
(ii) for use in hunting, or
114 Chap. 22 ANIMALS FOR RESEARCH Sec. 20 (6) (6) (iii)
(iii) for working purposes; or
(c) sell the dog or cat to the operator of a registered
research facility in Ontario who has requested the
operator of the pound to sell him a dog or cat, as the
case may be.
dog^orcat ^'^^ Notwithstanding subsection (5) or (6), the operator of a
may be pound may destroy or cause or permit to be destroyed any dog
or cat that has been impounded in the pound where,
(a) the person who owned the dog or cat before it came
into the possession of the operator of the pound has
requested in writing that the dog or cat be destroyed ;
{b) an inspector or veterinarian has ordered that the dog
or cat be destroyed pursuant to subsection (11);
(c) the dog or cat has been impounded in the pound for
the redemption period and the operator of the pound
has satisfied all requests referred to in clause (6) (c) from
operators of research facilities; or
(d) during the redemption period, the dog or cat is in a
pound and,
(i) is ill or injured and in his opinion is incapable
of being so cured or healed as to live thereafter
without suffering, and
(ii) he has satisfied all requests referred to in
clause (6) (c) from operators of research facilities.
Sale price (g) Where the operator of a pound sells a dog or cat to the
cat operator of a research facility under subsection (6), the price of the
dog or cat,
{a) where no maximum price has been prescribed in the
regulations in respect of the dog or cat, shall not exceed
a price that is reasonable having regard to all the
circumstances; or
(6) shall not exceed the maximum price prescribed in the
regulations in respect of the dog or cat.
Additional (9) In addition to the price paid for a dog or cat under
payable clause (8) (6), the operator of a pound may require the operator of a
research facility to pay such amount as is prescribed in the regula-
tions in respect of the care, treatment, food and accommodation
of a dog or cat.
Sec. 21 (2) ANIMALS FOR RESEARCH Chap. 22 llS
(10) Where a dog or cat is sold or otherwise disposed of in a Nopajnnent
°. . ^ to be made
manner referred to in subsection (6), no person shall make any to operator
payment in respect of the dog or cat to the operator of the ° ^"^
pound or any person employed therein but shall make such
payment in the manner and to such other person as is prescribed
in the regulations.
(11) An inspector or veterinarian may order a dog or cat order for
to be destroyed, Kr"""
or cat
[a) where, during the redemption period, the dog or cat
is in a pound and is ill or injured and, in the opinion
of the inspector or veterinarian, is incapable of being
so cured or healed as to live thereafter without
suffering; or
j^'ii
{b) where the dog or cat,
(i) is in a pound, supply facility or research facility,
(ii) has not, where it is in a pound, been redeemed
by its owner within the redemption period, and
(iii) is, in the opinion of the inspector or veter-
inarian, not suitable for use in research by
reason of ill health, injury, malnutrition,
excessive age or other infirmity.
(12) Where the operator of a pound has in his possession tionof°*'
a dog or cat that is impounded pursuant to a by-law of a dog or cat
local municipality, he shall at all times identify the dog or
cat in such manner as is prescribed in the regulations.
(13) This section does not apply to an animal that by reason P*^|^°°**
of being suspected of being infected with any communicable animals
disease is confined in a pound pursuant to the Public Health Act or R so. i980,
c 409
the Animal Contagious Diseases Act (Canada). R.S.O. 1970, j^g^^ j^^q
c. 22, s. 24. c.'a-i3
21. — (1) Every person who contravenes any of the provi- Offence
sions of this Act, other than section 15, or the regulations,
other than a regulation made under clause 23 (h){j) or (l), or of an
order made under subsection 17 (4), is guilty of an offence and on
conviction is liable for a first offence to a fine of not more than $500
or to imprisonment for a term of not more than three months, or to
both, and for a subsequent offence to a fine of not more than
$1 ,000 or to imprisonment for a term of not more than six months,
or to both.
(2) Every person who contravenes the provisions of sec- ^^™
tion 15 or of a regulation made under clause 23 (,h) (j) or (/), is
116
Chap. 22
ANIMALS FOR RESEARCH
Sec. 21' (2)
guilty of an offence and on conviction is liable for a first offence to
a fine of not more than $25 and for a subsequent offence to a fine of
not more than $100. R.S.O. 1970, c. 22, s. 25.
Injunction
proceedings
22. Where it is made to appear from the material filed or
evidence adduced that any offence against this Act or the
regulations or against any Act relating to cruelty, maltreat-
ment or neglect of animals has been or is being committed
by any person who is the operator of a pound, research facility
or supply facility or who is employed by or associated with any
such person, the Supreme Court or a judge thereof may, upon
the application of the Director, enjoin any such person from
being engaged in any way in the operation of such pound,
research facility or supply facility absolutely or for such
period as seems just. R.S.O. 1970, c. 22, s. 26.
Regulations 23. The Lieutenant Governor in Council may make regu-
lations,
{a) providing for the manner of issuing licences, prescrib-
ing their duration and the fees payable therefor;
(6) providing for the manner of registering research
facilities in Ontario, prescribing the fees payable
therefor, and prescribing terms and conditions for
such registration;
(c) prescribing further procedures for hearings before
the Review Board;
(d) prescribing the buildings, facilities and equipment
to be provided by the operator of a research faciUty,
supply facility or pound or any class thereof ;
•niT::
(e) prescribing standards for the health, welfare and care
of animals, or any class thereof, in a research facihty,
supply facility or pound;
(/) prescribing facilities and equipment for the trans-
portation of animals that are used or are intended
to be used by a research facility ;
{g) classifying research facilities, requiring the operators
of any class of research facility to provide for the
services of a veterinarian in connection with the care
of animals in the research facility and prescribing the
terms and conditions on which such services shall be
provided in respect of any such class ;
Sec. 23 (/>) ANIMALS FOR RESEARCH Chap. 22 117
(A) prescribing the records to be made and kept by the
operator of a research facility, supply facility or
pound, or any class thereof, and prescribing the
places at which such records shall be kept ;
(»') prescribing reports to be submitted to the Director
by the operator of a research facihty ;
(j) prescribing methods for the identification of animals;
(ife) subject to subsection 20 (1), prescribing the redemption
period in respect of dogs or cats or any class thereof;
(/) determining from time to time the maximum prices
that shall be paid for dogs or cats or any class thereof
by the operators of research facilities, to the operators
of pounds, determining different prices for different
parts of Ontario and prescribing the manner in which
and the person to whom such prices shall be paid ;
(w) prescribing for the purposes of subsection 20 (9), an
amount or amounts that the operator of a pound may
require the operator of a research facility to pay respect-
ing the care, treatment, food and accommodation of a
dog or cat;
(n) providing for the exemption from this Act or the
regulations, or any provision thereof, of any person or
class of {persons, or any animal or class of animals
and prescribing the terms and conditions therefor ;
(o) prescribing forms and providing for their use;
(P) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 22, s. 27.
Sec. 5 (1) APPORTIONMENT Ghap. IZ 119
CHAPTER 23
Apportionment Act
1. In this Act, interpre-
tation
(a) "annuities" includes salaries and pensions;
(6) "dividends" includes all payments made by the name
of dividend, bonus or otherwise out of revenues of
trading or other public companies divisible between
all or any of the members, whether such payments
are usually made or declared at any fixed times or
otherwise, but does not include payments in the
nature of a return or reimbursement of capital;
(c) "rent" includes rent-service, rent-charge and rent-
seek and all periodical payments or renderings in lieu
or in the nature of rent. R.S.O. 1970, c. 23, s. 1.
2. Dividends shall, for the purposes of this Act, be deemed ^^^i^|^^^^
to have accrued by equal daily increment during and within to accrue
the period for or in respect of which the payment of the
dividends is declared or expressed to be made. R.S.O. 1970,
c. 23, s. 2.
3. All rents, annuities, dividends, and other periodical ^^°\^^®*^'
payments in the nature of income, whether reserved or made accrue and
■, DC appor-
payable under an instrument in writing or otherwise, shall, liketionabie
interest on money lent, be considered as accruing from day to
day, and are apportionable in respect of time accordingly.
R.S.O. 1970, c. 23, s. 3.
4. The apportioned part of any such rent, annuity, dividend ^®fon^^
or other periodical payment is payable or recoverable, in the part of rent,
case of a cjontinuing rent, annuity, dividend or other such pay- payable
ment, when the entire portion, of which such apportioned
part forms part, becomes due and payable, and not before,
and in the case of a rent, annuity or other such payment
determined by re-entry, death or otherwise, when the next
entire portion of the same would have been payable if it had
not so determined, and not before. R.S.O. 1970, c. 23, s. 4.
6. — (1) All persons and their respective heirs, executors, Recovering^
administrators and assigns, and also the executors, adminis- parts
trators and assigns, respectively, of persons whose interests
120
Chap. 23
APPORTIONMENT
Sec. 5 (1)
determine with their own deaths, have such or the same
remedies for recovering such apportioned parts when payable,
allowing proportionate parts of all just allowances, as they
respectively would have had for recovering such entire portions
if entitled thereto.
As to rents
reserved in
certain
cases
(2) The persons liable to pay rents reserved out of or
charged on lands or other hereditaments, and the same lands
or other hereditaments, shall not be resorted to for any such
apportioned part forming part of an entire or continuing rent
specifically, but the entire or continuing rent, including such
apportioned part, shall be recovered and received by the heir
or other person, who, if the rent had not been apportionable
under this Act, or otherwise, would have been entitled to such
entire or continuing rent, and such apportioned part is recover-
able by action from such heir or other person by the executors
or other persons entitled to it under this Act. R.S.O. 1970,
c. 23, s. 5.
Policies of
assurance,
stipulation
against ap-
portionment
6. Nothing in this Act renders apportionable any annual
sums made payable in policies of assurance of any description,
or extends to any case in which it is expressly stipulated that
no apportionment is to take place. R.S.O. 1970, c. 23, s. 6.
Sec. 2 (2) APPRENTICESHIP & TRADESMEN Chap. 24 121
CHAPTER 24
Apprenticeship and Tradesmen's
Qualification Act
1. In this Act, interpre-
tation
(a) "apprentice" means a person who is at least sixteen
years of age and who has entered into a contract under
which he is to receive, from or through his employer,
training and instruction in a trade ;
(b) "certified trade" means a trade designated as a
certified trade under section 1 1 ;
(c) "Director" means the Director of Apprenticeship;
(d) "employer" includes the Crown and any other public
authority, the Ontario Apprenticeship Institute and any
local apprenticeship committee;
(e) "licence" means a licence under this Act and the
regulations to operate a trade school and "licensee"
means the holder of a licence;
if) "Minister" means the Minister of Colleges and
Universities;
ig) "regulations" means the regulations made under this
Act. R.S.O. 1970, c. 24, s. 1; 1971, c. 50, s. 7 (1);
1972, c. 1, s. 13 (1).
2. — (1) There shall be appointed a Director of Apprentice- ^^^
ship and such other officers, clerks and servants as are con-
sidered expedient for the purposes of this Act.
(2) Subject to the approval of the Minister, the Director Examiners
may appoint one or more examiners to assist in the conduct
of examinations prescribed for any trade, and such examiners,
upon the direction of the Lieutenant Governor in Council, may
be paid their travelling expenses and a per diem allowance
for their services out of such moneys as are appropriated
therefor by the Legislature. R.S.O. 1970, c. 24, s. 2.
122
Chap. 24
APPRENTICESHIP & TRADESMEN
Sec. 3 (1)
Provincial
advisory
committees,
appointment
3. — (1) The Minister may appoint a provincial advisory
committee in any trade or group of trades to advise him in
matters relating to the establishment and operation of appren-
tice training programs and tradesmen's qualifications. R.S.O.
1970, c. 24, s. 3 (1).
composition
term of
ofBce of
appointed
members
vacancies
(2) Every provincial advisory committee shall consist of
not fewer than five members made up of equal numbers of repre-
sentatives of employers and of employees and the Director or
such other officer of the Ministry of Colleges and Universities
as may be designated by him. R.S.O. 1970, c. 24, s. 3 (2) ;
1972. c. 1, s. 13 (2).
(3) The representatives of employers and employees on a
provincial advisory committee shall be appointed for terms of
one, two or three years, and having served a term shall not
be reappointed for at least two years.
(4) When a vacancy occurs on a provincial advisory com-
mittee during a term of office, the Minister may fill the vacancy
for the unexpired portion of the term.
travelling
expenses,
allowances,
etc.
(5) The Lieutenant Governor in Council may direct payment,
out of. such moneys as are appropriated therefor by the Legis-
lature, of the travelling expenses of the members of provincial
advisory committees and a per diem allowance for the time
spent by such members in attending meetings, and of any
expenses properly incurred by such a committee in carrying
out its duties. R.S.O. 1970, c. 24, s. 3 (3-5).
Local
apprentice-
committees
4. The Director may appoint local apprenticeship com-
mittees composed of such persons as he considers appropriate
for any area of Ontario to advise and assist him in matters
relating to apprenticeship or tradesmen's qualifications in the
area. R.S.O. 1970, c. 24, s. 4.
Agreements 5. With the approval of the Lieutenant Governor in Council,
manpower the Minister may enter into one or more agreements with
ra n ng ^^^ Minister of Labour of Canada respecting apprentice or
manpower training. R.S.O. 1970, c. 24, s. 5.
Duties of
Director
6. Subject to the supervision and control of the Minister,
it is the duty of the Director to administer and enforce this
Act, and, without limiting the generality of the foregoing, for
the purposes of this Act,
to collaborate with persons and organizations in the
determination of training requirements in any trade ;
Sec. 8 (1) APPRENTICESHIP & TRADESMEN Chap. 24 123
(b) to undertake or collaborate in studies or investiga-
tions of any trade and of the requirements for the
supply and training of persons therefor ;
(c) to publicize and promote apprenticeship as a method
of training in any trade ;
_ {<f) to plan and carry out programs of apprenticeship in
any trade; and
{e) generally to perform such other duties as are assigned
to him by the Minister for the carrying out of this
Act. R.S.O. 1970, c. 24, s. 6.
7. — (1) For the purpose of carrying out this Act, the Direc- 5?^^)°'
tor, or any person authorized by the Minister in writing, may,
(a) inspect, upon production of his authorization under
this subsection, the premises, equipment and training
facilities of an employer;
(6) inspect and examme all books, payrolls and other
records of an employer that in any way relate to the
wages, hours of labour or conditions of employment
of any person ;
(c) take extracts from or make copies of any entry in
such books, payrolls and records;
{d) require an employer to make full disclosure and pro-
duction of all records, documents, statements, writ-
ings, books, papers, extracts therefrom or copies
thereof that the employer may have in his possession
or control, or other information, either oral or in
writing and either verified by oath or otherwise, that
in any way relate to the wages, hours or labour or
conditions of employment of persons employed by
him. R.S.O. 1970, c. 24, s. 7 (1) ; 1971, c. 50. s. 7 (2, 3).
(2) Notwithstanding any of the provisions of this Act orM®™'
the regulations, the Director may register any person as an cErcum-
apprentice, or grant a certificate of apprenticeship, a certi-
ficate of qualification or a certificate of proficiency to any
person, who, in the opinion of the Director, is unable by reason
of physical incapacity or other circumstances to take or
complete the prescribed course of study or training in a trade
or apprentice training program. R.S.O. 1970, c. 24, s. 7 (2).
8. — (1) Subject to subsection (2), the Director, or any Cancellation
, . , , , »,• • ... , - ofcontract
person authonzed by the Minister m writing, may cancel for
cause a contract of apprenticeship.
124
Chap. 24
APPRENTICESHIP & TRADESMEN
Sec. 8 (2)
Notice of
proposal to
cancel,
rlgrht to
hearing
Powers of
Director
where no
hearing
(2) Where the Director, or any person authorized under
subsection (1), proposes to cancel for cause a contract of
apprenticeship under subsection (1), he shall serve notice of his
proposal, together with written reasons therefor, on each party
to the contract informing him that he has a right to a hearing
by a judge if he applies therefor within fifteen days after
service of such notice, and a party to the contract may
within such time apply for a hearing to the judge of the
county or district court of the county or district where the
apprentice who is a party to the contract resides.
(3) Where none of the parties to a contract to which a
notice under subsection (2) relates applies to a judge for a hearing
within fifteen days after service of such notice, the Director or
person authorized under subsection (1) may forthwith cancel the
contract.
Powers of
judge
where
hearing
(4) Where a party to a contract to which a notice under
subsection (2) relates applies to a judge for a hearing within
fifteen days after service of such notice, the judge shall
appoint a time for and hold a hearing and, on application at
the hearing by the Director or person serving the notice, may
by order direct the Director or such person to cancel the
contract or to refrain from cancelling the contract, as the
case may be, and as the judge considers proper in accordance
with this Act and the regulations.
Parties
Duty to
register
as an
apprentice
Idem
(5) The Director or person serving the notice under subsec-
tion (1), the parties to the contract to which the notice relates
and such other persons as the judge may specify are parties
to proceedings before the judge under this section. 1971, c. 50,
s. 7 (4), part.
9. — (1) Every person who commences to work at a trade
for which an apprentice training program is established but
who does not hold a certificate of apprenticeship or qualification
in that trade shall,
[a) forthwith apply in the prescribed form for appren-
ticeship in that trade ; and
(6) within three months after commencing to work in that
trade, file with the Director his contract of apprentice-
ship.
(2) Every person who fails to comply with subsection (1) shall,
upon the expiration of the period of three months mentioned in
clause (1) (6), cease to work in that trade until he files with the
Director his contract of apprenticeship or until the Director
authorizes in writing the continuation or resumption of such
work. R.S.O. 1970, c. 24, s. 8.
Sec. 11(4)0) APPRENTICESHIP & TRADESMEN Chap. 24 125
1 0. Where an apprentice training program is established for a J^g^®^
trade, every employer in the trade employing any person under
twenty-one years of age,
(a) who is not an apprentice in that trade; or
(6) who does not hold a certificate of apprenticeship or
qualification in that trade,
shall immediately notify the Director of the particulars of
the employment and of the name and address of the person
so employed in order that the Director may inform the person
so employed of his rights and duties under this Act. R.S.O.
1970, c. 24, s. 9.
11. — (1) The Lieutenant Governor in Council may desig- g?^ij»<i
nate any trade as a certified trade for the purposes of this Act,
and may provide for separate branches or classifications within
the trade.
(2) No person, other than an apprentice or a person of a-ml^work^n
class that is exempt from this section or a person referred to *S^^"^®^
in subsection (4), shall work or be employed in a certified trade
unless he holds a subsisting certificate of qualification in the
certified trade.
(3) No person shall employ any person, other than anPY^o^'^^o
apprentice or a person of a class that is exempt from this employed in
section or a person referred to in subsection (4), in a certified trade
trade unless the person employed holds a subsisting certificate
of qualification in the certified trade.
(4) When a trade is certified under subsection (1), a person ^on^of^oge
who is working in the trade at the time that it is certified shall l^t^^g'"^®
be allowed a period of two years from the first day of the month desigrnation
following the month in which the trade is certified to qualify
for a certificate of qualification in the trade, if he,
(a) is the holder of a certificate of apprenticeship in the
trade; or
{b) satisfies the Director that he has been continuously
engaged as a journeyman in the trade for a period
of time in excess of the apprenticeship period for the
trade; or
126
Chap. 24
APPRENTICESHIP & TRADESMEN Sec. 11 (4) (c)
Employment
of appren-
tices on
government
contracts
R.S.O. 1980,
CO. 261, 290
(c) satisfies the Director that he is quahfied to work in
the trade and meets such other requirements as the
Director may prescribe. R.S.O. 1970, c. 24, s. 10.
12. Where an apprentice training program for a trade is in
effect, no work shall be done in that trade on work within the
meaning of the Mechanics' Lien Act or work under a contract
within the meaning of the Ministry of Transportation and Com-
munications Creditors Payment Act unless the contractor, as
defined in that Act, has in his employ the number of apprentices
required under the regulations. R.S.O. 1970, c. 24, s. 11.
Strikes 13. Where an apprentice lawfully strikes within the meaning
R.s o. 1980, Qf j-j^g Labour Relations Act, he shall be deemed not to have
c. 12^
broken his contract of apprenticeship. R.S.O. 1970, c. 24, s. 12.
Kssentials
of appren-
ticeship
contracts
Registration
of contracts
1 4. Every contract of apprenticeship shall be,
{a) for a period of at least two years ;
(6). in the prescribed form;
(c) signed,
(i) by the employer,
(ii) by the person to be apprenticed, and
(iii) if he is under eighteen years of age, by a parent
or the guardian of the person to be apprenticed,
but, if neither parent nor the guardian is wilHng
to sign or is capable of signing, a judge of the
county or district court of a county or district
in which the employer carries on business may,
upon the application of the person to be appren-
ticed and without the appointment of a next
friend, dispense with the signature of either
parent or of the guardian upon proof to the
satisfaction of the judge that the contract is in
the interests of the person to be apprenticed;
and
yiiijttiip
{d) approved by the Director. R.S.O. 1970, c. 24, s. 13;
1971, c. 98, s. 4, Sched., par. 2.
15. Every contract of apprenticeship shall, upon its ap-
proval by the Director, be registered by him forthwith. R.S.O.
1970, c. 24, s. 14.
Minors \Q, Every apprentice who is under eighteen years of age
shall perform and is entitled to the benefits of his contract of
Sec. 20(1) APPRENTICESHIP & TRADESMEN Chap. 24 127
apprenticeship in accordance with its terms in the same
manner and to the same extent as if he were of the full age of
eighteen years. R.S.O. 1970, c. 24, s. 15; 1971, c. 98, s. 4,
Sched., par. 2.
17. — (1) A contract of apprenticeship shall not be termin- Termination
01 &DD17611-
ated before the completion of the apprenticeship period ticesMp
• jj.i- ,v rr- contracts
provided therein except by,
{a) the death of either party;
(6) consent, express or implied, of the parties; or
(c) cancellation for cause of the contract.
(2) Where in the opinion of the Director the terms of a transfer
contract of apprenticeship cannot be fulfilled to the advantage
of either party, he may arrange for the transfer of the contract.
(3) The termination, cancellation or transfer of a contract Termination,
6tjC to bft
of apprenticeship shall be noted by the Director on the regis- noted
tered copy of the agreement. R.S.O. 1970, c. 24, s. 16.
1 8. Where an apprentice has completed an apprenticeship Certificate
training program for a certified trade and has passed such swp
final examinations as are prescribed by the Director to deter-
mine his competency and has complied with the provisions
of this Act and the regulations, the Director shall issue to him
a certificate of apprenticeship for the certified trade. 1971,
c. 50, s. 7 (4), part.
19. — (1) Where an applicant for a certificate of quali- ofquaimca-
fication for a certified trade is the holder of a certificate of ^°^^° .
^. , . . , , . , , , • . holder of
apprenticeship in the trade issued under this Act or a pre- certificate of
decessor of this Act, the Director shall, upon payment of the ship
prescribed fee and without examination, issue to him a certi-
ficate of qualification for the trade.
(2) Where an applicant for a certificate of qualification for J'oiderof
a certified trade who is not the holder of a certificate of certificate
.... - , ,-,•,, of apprentice-
apprenticeship in the trade has complied with the require- ship
ments of this Act and the regulations to entitle him to such
certificate of qualification, the Director shall, upon payment
of the prescribed fee, issue to him a certificate of qualification
for the certified trade. 1971, c. 50, s. 7 (4), part.
20. — (1) Unless otherwise prescribed by regulation, a Tera^of ^^
certificate of qualification expires two years after the date of
its issue.
128
Renewal
Chap. 24
APPRENTICESHIP & TRADESMEN
Sec. 20 (2)
(2) Subject to section 21, a certificate of qualification shall be
renewed by the Director upon application and payment of the
prescribed fee by the holder. 1971, c. SO, s. 7 (4), part.
Refusal
to renew,
suspension
or revoca-
tion
2 1 . Subject to section 23, the Director may refuse to renew or
may suspend or revoke a certificate of qualification where,
(a) the holder is convicted of an offence under this Act
or the regulations; or
(b) there are reasonable grounds for beheving that the
holder is without capacity or not competent to per-
form work in the certified trade to which the certi-
ficate relates with reasonable skill. 1971, c. 50, s. 7 (4),
part.
Suspension,
etc., of
trade school
licence
Proposal
to suspend,
etc., licence
22. Where under the regulations a licence is required for
the operation of a trade school teaching any trade to which this
Act applies and a licence for a trade school has been issued
thereunder, subject to section 23 , the Director may refuse to renew
or may suspend or revoke the licence where the school is not being
operated,
(a) in accordance with this Act and the regulations; or
(6) so as to provide reasonable and adequate training
for the students taught therein. 1971, c. 50, s. 7 (4),
part.
23. — (1) Where the Director proposes to refuse to renew or to
suspend or revoke a certificate of qualification or a licence under
section 2 1 or 22 , he shall serve notice of his proposal, together with
written reasons therefor, on the holder of the certificate or licen-
see.
Notice
(2) A notice under subsection (1) shall inform the holder of the
certificate or licensee that he is entitled to a hearing by a judge of
the county or district court for the county or district in which he
resides if he applies to a judge thereof within fifteen days after the
notice under subsection (1) is served on him, and he may so apply
for such a hearing.
Powers of
Director
where no
hearing
Powers of
judge where
hearing
(3) Where a holder of a certificate or licensee does not apply to a
judge for a hearing in accordance with subsection (2), the Director
may carry out the proposal stated in his notice under subsection
(1).
(4) Where a holder of a certificate or licensee applies to a
judge for a hearing in accordance with subsection (2), the judge
Sec. 24 (3) APPRENTICESHIP & TRADESMEN Chap. 24 129
shall appoint a time for and hold the hearing and, on the
application of the Director at the hearing, may, by order,
direct the Director to carry out his proposal or refrain from
carrying out his proposal and to take such action as the
judge considers the Director ought to take in accordance
with this Act and the regulations, and for such purposes the
judge may substitute his opinion for that of the Director.
(5) Where, within the time prescribed therefor or, if no time q°qq^^^^^
is prescribed, before expiry of his certificate of qualification or licence
or licence, a holder of the certificate or the licensee has renewtS
applied for renewal thereof and paid the prescribed fee, the
certificate or licence shall be deemed to continue,
(a) until the renewal is granted; or
(b) where he is served with notice that the Director
proposes to refuse to grant the renewal, until the
time for applying for a hearing by a judge has
expired and, where a hearing is applied for, until the
judge has made his decision.
(6) The Director, the holder of a certificate or licensee who Parties
has applied for the hearing and such other persons as the
judge may sp>ecify are parties to proceedings before a judge
under this section. 1971, c. 50, s. 7 (4), part.
24. — (1) Service of a notice under section 8 or 23 may Ser^ce^
be made personally or by registered mail addressed to the
person to be served at his last known address, and, where
notice is served by registered mail, the notice shall be deemed
to have been served on the third day after the day of mailing
unless the person on whom notice is being served establishes
to the judge to whom he applies for a hearing that he did not,
acting in good faith, through absence, accident, illness or
other cause beyond his control receive the notice or order
until a later date.
(2) A judge to whom application is made for a hearing ^^f^^°°
under section 8 or 23 may extend the time for making the for appeal
application, either before or after expiration of the time fixed
therein, where he is satisfied that there are prima facie grounds
for granting relief to the applicant pursuant to a hearing and
that there are reasonable grounds for applying for the exten-
sion and may give such directions as he considers proper
consequent upon the extension.
(3) Notice of a hearing under section 8 or 23 shall afford Notice^of
the parties or the holder of a certificate or licence, as the case
may be, a reasonable opportunity to show or to achieve
130
Chap. 24
APPRENTICESHIP & TRADESMEN
Sec. 24 (3)
Examination
of docu-
mentary
evidence
compliance before the hearing with all lawful requirements
for the continuation of the contract of apprenticeship or
retention of the certificate of qualification or licence.
(4) A party to a contract of apprenticeship or a holder of a
certificate of qualification or licensee who is a party to proceed-
ings under section 8 or 23 shall be afforded an opportunity
to examine before the hearing any written or documentary
evidence that will be produced or any report the contents of
which will be given in evidence at the hearing.
ofevidenc^ (5) The Oral evidence taken before the judge at a hearing
shall be recorded and, if so required, copies or a transcript
thereof shall be furnished upon the same terms as in the
Supreme Court.
Findings
of fact
R.S.O. 1980,
c. 484
(6) The findings of fact of a judge pursuant to a hearing shall
be based exclusively on evidence admissible or matters that
may be noticed under sections 15 and 16 of the Statutory Powers
Procedure Act. 1971, c. 50, s. 7 (4), part.
Appeal to
court
25. — (1) Any party to proceedings before a judge under this
Act may appeal from the decision or order of the judge to the
Divisional Court in accordance with the rules of court.
Record to
be filed
in court
Minister
entitled to
be heard
Powers of
court on
appeal
(2) Where notice of an appeal is served under this section, the
judge shall forthwith file in the Divisional Court the record
of the proceedings before him in which the decision or order
was made which, together with the transcript of the evidence
before the judge, if it is not part of the record of the judge,
shall constitute the record in the appeal.
(3) The Minister is entitled to be heard, by counsel or
otherwise, upon the argument of an appeal under this section.
(4) The Divisional Court may affirm the decision of the
judge appealed from or may rescind it and make such new
decision as the court considers proper under this Act and the
regulations, and may order the Director to do any act or
thing he is authorized to do under this Act and as the court
considers proper, and for such purpose the court may sub-
stitute its opinion for that of the Director or of the judge, or
the court may refer the matter back to the judge for rehear-
ing, in whole or in part, in accordance with such directions as
the court considers proper. 1971, c. 50, s. 7 (4), part.
Offences
26. — (1) Every person.
{a) who contravenes any provision of this Act or the
regulations ;
Sec. 27 APPRENTICESHIP & TRADESMEN Chap. 24 131
(b) who fails to carry out the terms of a contract of
apprenticeship under this Act ;
(c) who enters into a contract or arrangement relating
to the employment of an apprentice that is not in
accordance with this Act ;
{d) who withholds any information with regard to the
working or training conditions of apprentices or makes
any misrepresentation with regard thereto;
(e) who obstructs, hinders, prevents or otherwise inter-
feres with the carrying out of this Act or the regula-
tions or the terms of a contract of apprenticeship
under this Act; or
(/) who uses for the purpose of obtaining employment or
business a certificate of apprenticeship, a certificate
of qualification or a certificate of proficiency issued
to another person,
is guilty of an offence and on conviction is liable to a fine of not
more than $1,000.
(2) In addition to any fine that may be imposed on an employer collection
for his failure to pay an apprentice the wages due an apprentice, ofa^ppren-
the court may order the employer to pay to the Director in trust for
the apprentice an amount equal to the arrears of wages to which
the apprentice is entitled, and, when the order becomes final, a
copy of it, certified as a true copy by the court that made it, may be
filed by the Director with the clerk of the county or district court of
a county or district in which the employer carries on business or,
where the amount of arrears does not exceed $ 1 ,000, with the clerk
of a like small claims court, and, when so filed and upon payment
of the fees of the clerk of the court, such order becomes an order of
the court in which it is filed and may be enforced as a judgment of
the court against the employer for the amount mentioned in the
order and the fees so paid. R.S.O. 1970, c. 24, s. 17.
fi'" ■'i*i
27. A statement as to the issuing or non-issuing of a of Director
certificate, approval or licence, or the renewal, revocation or **® ^°^^^
suspension of a certificate or licence, or as to the registration
or non-registration of a contract of apprenticeship purporting
to be certified by the Director is, without proof of the appoint-
ment or signature of the Director, receivable in evidence as
prima facie proof of the facts stated therein for all purposes in
any action, proceeding or prosecution. 1972, c. 113, s. 1.
132 Chap. 24 APPRENTICESHIP & TRADESMEN Scc. 28
Regulations 28. The Lieutenant Governor in Council may make regula-
tions,
{a) defining any trade ;
(6) establishing an apprentice training program for any
trade or group of trades ;
(c) exempting any trade or class of persons in a trade
from this Act and the regulations or from any provi-
sion of either of them ;
(d) providing a system of proficiency certificates for any
trade not designated as a certified trade under sec-
tion 11;
(e) providing for approval by the Director of apprentice
training programs established by employers ;
(/) providing licences for trade schools teaching any
trade to which this Act applies and respecting their
issue and prescribing courses of study and methods
of training in such trade schools and respecting their
operation ;
{g) respecting the periods of apprenticeship, qualifications
and training of apprentices in any trade ;
{h) approving or prescribing courses of training or study
for apprentices, and fixing the credits to be allowed
for such courses ;
[i] prescribing, in respect of any trade, rates of wages for
applicants for apprenticeship or apprentices or any
class of applicants or apprentices ;
{j ) prescribing the maximum number of persons who may
be apprenticed to an employer in a trade;
(k) respecting the ratio of apprentices to journeymen who
may be employed by an employer in a trade ;
(l) providing for Interprovincial Standards Examina-
tions and standing thereunder and for the recogni-
tion of certificates or standings granted under Inter-
provincial Standards Examinations in other provinces
and the granting of certificates of qualification pur-
suant thereto;
(m) providing for the granting of provisional certificates
of qualification and the grounds therefor and the
conditions thereof;
Sec. 28 (0 APPRENTICESHIP & TRADESMEN Chap. 24 133
(n) respecting the renewal of certificates of qualification
that have expired without being renewed and the condi-
tions of renewal;
{o) providing for the issue of certificates of qualification or
licences to persons whose certificates or licences have
been cancelled and the conditions upon which they may
be issued;
(p) respecting the making, registration or transfer of con-
tracts of apprenticeship;
iq) requiring and providing for the posting up in employers'
premises of extracts from this Act or the regulations;
(r) defining any expression used in this Act for the purposes
of this Act;
(5) providing for and prescribing fees;
(t) prescribing forms and providing for their use. R.S.O.
1970, c. 24, s. 18; 1971, c. 50, s. 7 (5-7).
•lii bim bav/'jfi'ji 7*ni»d iu
•10
0.^.>>
Sec. 6 ARBITRATIONS Chap. 25 135
CHAPTER 25
Arbitrations Act
1. In this Act, Interpre-
' tatlon
{a) "court" means the Supreme Court;
(b) "judge" means a judge of the Supreme Court;
(c) "prescribed" means prescribed by the regulations
made under this Act;
id) "rules of court" means the rules of the Supreme Court
made under the Judicature Act: ^ ,,9 ^^*°'
' c. 223
(e) "submission" means a written agreement to submit
present or future differences to arbitration, whether
or not an arbitrator is named therein. R.S.O. 1970,
c. 25, s. 1; 1973, c. 28, s. 1.
2. This Act applies to an arbitration to which Her Majesty crown
is a party. R.S.O. 1970, c. 25, s. 2.
3. This Act applies to every arbitration under any Act ^n^er^"''®"
passed before or after the commencement of this Act as if the statutory
^ . ... . , powers
arbitration were pursuant to a submission, except m so far as
this Act is inconsistent with the Act regulating the arbitration
or with any rules or procedure authorized or recognized by
that Act. R.S.O. 1970, c. 25, s. 3.
4. A submission, unless a contrary intention is expressed ^ufty^of
therein, is irrevocable, except by leave of the court, and has submission
the same effect as if it had been made an order of the court.
R.S.O. 1970, c. 25, s. 4.
5. A submission, unless a contrary intention is expressed ^fs^ion to
therein, shall be deemed to include the provisions set forth include
in the Schedule hereto, so far as they are applicable to the
reference. R.S.O. 1970, c. 25, s. 5.
6. Where a submission provides that the reference is to an officmi^^
official referee, any official referee to whom application is act
made shall hear and determine the matters agreed to be referred.
R.S.O. 1970. c. 25. s. 6.
136
Chap. 25
ARBITRATIONS
Sec. 7
staying legal
proceedings
taken after
submission
7. If a party to a submission, or a person claiming through
or under him, commences any legal proceeding in any court
against any other party to the submission, or any person
claiming through or under him, in respect of any matter agreed
to be referred, any party to such legal proceeding may at any
time after appearance and before delivering any pleading or
taking any other step in the proceeding apply to that court
to stay the proceeding and a judge of that court, if satisfied
that there is no sufficient reason why the matter should not be
referred in accordance with the submission and that the
applicant was at the time when the proceeding was commenced
and still remains ready and willing to do all things necessary
to the proper conduct of the arbitration, may make an order
staying the proceeding. R.S.O. 1970, c. 25, s. 7.
Appoint-
ment by
court
8. — (1) In any of the following cases,
(a) where a submission provides that the reference is to
a single arbitrator and the persons whose concurrence
is necessary do not, after differences have arisen, con-
cur in the appointment of an arbitrator; or
(b) where an arbitrator, an umpire or a third arbitrator
is to be appointed by a person and such person does
not make the appointment ; or
(c) unless the submission otherwise provides, where an
arbitrator, an umpire or a third arbitrator refuses to
act or is incapable of acting or dies and the vacancy
is not supplied by the person having the right to fill
the vacancy,
a party may serve the other party or the arbitrators, or the
person who has the right to make the appointment, as the case
may be, with a written notice to concur in the appointment
of a single arbitrator or to appoint an arbitrator, umpire or
third arbitrator.
When court
may
appoint
(2) If the appointment is not made within seven clear days
after the service of the notice, a judge may, on application by
the party who gave the notice, appoint an arbitrator, umpire
or third arbitrator, who shall have the like powers to act in
the reference and make an award as if he had been appointed
by consent of all parties. R.S.O. 1970, c. 25, s. 8.
arbitrators ^' ^^ arbitrator or umpire acting under a submission has,
unless the submission expresses a contrary intention, power,
(a) to administer oaths to the parties and witnesses ;
Sec. 16 (1) ARBITRATIONS Chap. 25 137
(b) to state an award as to the whole or part thereof in
the form of a special case for the opinion of the court ;
and
(c) to correct in an award any clerical mistake or error
arising from any accidental slip or omission. R.S.O.
1970, c. 25, s. 9.
10. The time for making an award may from time to time Eniararing
be enlarged by a judge whether or not the time for making the making
award has expired. R.S.O. 1970, c. 25, s. 10. "^"^
11. — (1) The court may remit the matters referred, or anv?®"^^*""^
,, 1 . . -^ . ,, ,. . •^ forrecon-
of them, to the reconsideration of the arbitrators or umpire, sideration
(2) The arbitrators or umpire shall, unless the order other- when award
to D6 IT)fi.nA
wise directs, make the award within three months after the
date of the order. R.S.O. 1970, c. 25, s. 1 1 .
12. — (1) Where an arbitrator or umpire has misconducted ^^^oyai of
himself, the court may remove him.
(2) Where an arbitrator or umpire has misconducted himself fsMe^^
or an arbitration or award has been improperly procured, the award
court may set the award aside. R.S.O. 1970, c. 25, s. 12.
13. An award may, by leave of a judge, be enforced in the Enforcing
same manner as a judgment or order to the same effect. R.S.O.
1970, c. 25, s. 13.
14. A party to a submission may sue out of the court a writ Subpoenaing
of subpoena ad testificandum or a writ of subpoena duces tecum,
but no person shall be compelled under any such writ to
produce any document that he would not be compellable to
produce on the trial of an action. R.S.O. 1970, c. 25, s. 14.
15. — (1) Where a party to a submission desires to procure commission
for use upon the reference the evidence of a person to be taken witnesses
de bene esse or to be taken out of Ontario, an order may be made
for the examination of such person or for the issue of a com-
mission in the like circumstances and with the like effect as
a similar order may be made in an action.
(2) The Judicature Act and the rules of court apply to such Application
order or commission and to the proceedings thereon and the rs.o. i98o,
evidence taken thereunder. R.S.O. 1970, c. 25, s. 15. and "les
16. — (1) Where it is agreed by the terms of the submission ^J'^"'? .
' o J submission
that there may be an appeal from the award, an appeal lies provides for
to the Divisional Court. ^pp"^
138
Chap. 25
ARBITRATIONS
Sec. 16 (2)
Procedure
by party
taking up
award
(2) Where by the agreement of the parties or by the provi-
sions of any statute there is an appeal from an award, the
party taking up the award shall file it with the registrar of the
court and shall serve a copy of it and a notice of its filing upon
the opposite party.
Notice of
appeal
(3) Notice of appeal may be served within fourteen days
returnable within thirty days after service of the copy of the
award and notice of filing.
Taking . (4) In all cases in which there is a right of appeal, the
©vidcncG in »-j i x
writing evidence of the witnesses shall be taken down in longhand and
be signed by the witnesses, or be taken in shorthand.
Evidence (5) It is not necessary that evidence taken in shorthand be
transcribed transcribed unless an appeal is taken.
only on
an appeal
Exhibits, (6) Upon the request of the party appealing, the exhibits
to registrar shall be transmitted by the arbitrator to the office of the
registrar of the court for the purpose of the appeal.
stenographer ( '^) ^ Stenographer employed to take evidence in shorthand
shall be sworn to take down and transcribe the evidence
faithfully and shall certify to the accuracy of all copies
supplied.
statement of
proceeding
on view or
special
knowledge
(8) Where the arbitrators proceed wholly or partly on a
view or any knowledge or skill possessed by themselves or
any of them, they shall also put in writing a statement thereof
sufficiently full to enable a judgment to be formed of the
weight that should be attached thereto.
Requiring
further
report from
arbitrator
(9) The Divisional Court may require explanations or reasons
from the arbitrator and may remit the matter or any part thereof to
him for further consideration.
Powers of
court as to
extension
of time
(10) The Divisional Court may extend the time limited by this
section either before or after its expiry or may dispense with
compliance with the requirements of this section. R.S.O. 1970,
c. 25, s. 16.
Interpre-
tation
17. In sections 18 to 24,
{a) "arbitrator" and "arbitrators" include an umpire
and a referee in the nature of an arbitrator ;
{b) "award" includes umpirage and a certificate in the
nature of an award. R.S.O. 1970, c. 25, s. 17.
Sec. 22 (1) ARBITRATIONS Chap. 25 139
18. The parties to a submission may agree, by writing Agreement
signed by them or by making such agreement a part of the be paid to
submission, to pay to the arbitrator or to the arbitrators, *^ ^*''*'°''^
if more than one, such fees for each day's attendance, or such
gross sum for taking upon themselves the burden of the
reference and making the award, as the parties see fit, and
no arbitrator shall take or receive from either party to a sub-
mission any greater fee than that agreed upon, or in default
of agreement than the maximum prescribed therefor, and
the receipt of any greater fee may be regarded as misconduct
justifying the setting aside of the award. R.S.O. 1970, c. 25,
s. 18; 1973, c. 28, s. 2; 1976, c. 5, s. 1.
19. No greater fees shall be taxed to a person called as a ^Pg^g
witness before an arbitrator than would be taxed to him in
an action in the court. R.S.O. 1970, c. 25, s. 19.
20. Where at a meeting of arbitrators of which due notice costs of
1 , • 1- . 1 ■ r , meeting
has been given no proceedmgs are taken m consequence of the where no
131*006 6 din ITS
absence of a party, or of a postponement at the request of a
party, the arbitrators shall make up an account of the costs
of the meeting, including the proper charges for their own
attendance and that of any witnesses and of the counsel or
solicitor of the party present and not desiring the postpone-
ment, and, unless under the special circumstances of the case
they think that it would be unjust so to do, they shall charge
the amount thereof, or of the disbursements, against the party
in default or at whose request the postponement is made, and
the last mentioned party shall pay the same to the other
party, whatever may be the event of the reference, and the
arbitrators shall, in the award, make any direction necessary
for that purpose, and the amount so charged may be set off
against, and deducted from, any amount awarded in his favour.
R.S.O. 1970, c. 25, s. 20.
21. — (1) A party to an arbitration is entitled to have the ^^|nce°'*^
costs thereof, including the fees of the arbitrators, or such fees of parties
alone, taxed by one of the taxing officers of the court at
Toronto upon an appointment that may be given by the taxing
officer for that purpose on the filing of an affidavit setting
forth the facts.
(2) A taxation of the fees of the arbitrators may be had at instance
upon an appointment given at the instance of the arbitrators or arbitrators
any of them upon a like affidavit. R.S.O. 1970, c. 25, s. 21.
22. — (1) The taxing officer shall in no case, except as pro-^/^^^°
vided in section 18, tax higher fees than are prescribed to officer
the arbitrators but, upon reasonable grounds, he may reduce
the fees to any amount below the maximum prescribed, but
140
Chap. 25
ARBITRATIONS
Sec. 22 (1)
Costs of
award
not below the minimum, having regard always to the length
of the arbitration, the value of the matter in dispute, and the
difficulty of the questions to be decided, and the fees to be
allowed to solicitors and counsel shall be as nearly as may be
similar to the fees allowed upon a reference in the court or the
county court, the scale to be determined by the taxing officer
having regard to the value of the matter in dispute, but he
shall not tax more than one counsel fee to either party. R.S.O.
1970,c. 25,5.22 (1); 1973, c. 28, s. 3.
(2) The taxing officer may tax a reasonable sum for preparing
the award.
tw«iUon°'" (^) ^" appeal may be had from such taxation in the same
manner as from a taxing officer's certificate of taxation in an
action.
Power to
reduce fees
(4) The taxing officer and the judge upon appeal from taxa-
tion have the power to reduce fees payable to the arbitrator
and to counsel and solicitors where the arbitration has been
unduly prolonged. R.S.O. 1970, c. 25, s. 22 (2-4).
Penalty for
arbitrator
attempting
to exact
excessive
fees
23. An arbitrator who, after having entered upon the refer-
ence, refuses or delays after the expiration of one month from
the publication of the award to deliver it until a larger sum is
paid to him for his fees than is permitted by this Act, or who
receives for his award or for his fees as arbitrator any such
larger sum, shall forfeit and pay to the party who has
demanded delivery of the award or who has paid to the
arbitrator such larger sum in order to obtain, or as a considera-
tion for having obtained it, treble the excess so demanded or
received by the arbitrator contrary to this Act, to be recovered
by action in a court of competent jurisdiction. R.S.O. 1970,
c. 25, s. 23.
Arbitrator
to have
action
for fees
24. Where an award has been made, the arbitrator may
maintain an action for his fees after they have been taxed, and
in the absence of an express agreement to the contrary, he
may maintain such action against all the parties to the
reference, jointly or severally. R.S.O. 1970, c. 25, s. 24.
Order to
sheriff to
produce
prisoner as
witness
25. A judge may order the sheriff, jailer or other officer
having the custody of a prisoner to produce him for examination
before an arbitrator or an umpire. R.S.O. 1970, c. 25, s. 25.
Case stated
for opinion of
Divisional
Court
26. An arbitrator or an umpire may at any stage of the
proceedings and shall, if so directed by the Divisional Court, state
in the form of a special case for the opinion of the Divisional Court
any question of law arising in the course of the reference, and an
arbitrator or umpire appointed under the authority of a statute or
Sec. 31 (2) ARBITRATIONS Chap. 25 141
by a court shall, when so directed by the Divisional Court, state
the reasons for his decision and his findings of fact and of
law. R.S.O. 1970, c. 25, s. 26.
27. An order made under this Act may be made on such^ostsin
terms as to costs or otherwise as the authority making the of court
order thinks just. R.S.O. 1970, c. 25, s. 27.
28. An arbitrator or an umpire, where no special reason E^^P®i^i^*°*
appears to him to exist for filing an original book, paper or original
document as an exhibit, as hereinbefore provided, may allow **
a copy thereof or of such part thereol ^s he considers material
to be substituted as an exhibit in the place of the original
book, paper or document. R.S.O. 1970, c. 25, s. 28.
20. Upon an appeal from or motion to set aside an award, Production
'■ ,'■'■. . , 'of ezblDlts
any party may by notice require any other party to produce, on appeal or
and the party so required shall produce upon the hearing of the set aside"
appeal or motion, any original book, paper or document in his ^^^^
possession that has been used as an exhibit or given in evidence
upon the reference and that has not been filed with the
depositions. R.S.O. 1970, c. 25, s. 29.
30. — (1) Except by leave of the court, an application to set Tiinefor
aside an award, otherwise than by way of appeal, shall not set aside
be made after six weeks from the publication of the award.
(2) Such leave may be granted before or after the expiration "^IT**^*^"
of the six weeks. maybe
granted
(3) In the computation of time for appeahng against, or^wjations
applying to set aside, an award, the vacations shall not be reckoned
reckoned.
(4) When an award is set aside, the court setting it ^^side Cas^ of^ ^^^
may give directions as to the costs of the reference and award, award when
R.S.O. 1970, c. 25, s. 30. tSdT'"'
3 1 . — ( 1 ) Sub j ect to the approval of the Lieutenant Governor p°^®'_^
in Council, rules of court for the better carrying out of the
purposes of this Act and regulating the practice thereunder
may be made bv the Rules Committee. R.S.O. 1970, c. 25,
s. 31.
(2) The Lieutenant Governor in Council may make regu-^ees
lations prescribing the maximum and minimum fees charge-
able by arbitrators under this Act in default of agreement.
1973, c. 28, s. 4; 1976, c. 5, s. 2.
142
Chap. 25
ARBITRATIONS
Sec. U (1)
Appoint-
ment of
valuator, etc.
32. — (1) A judge has power to appoint a valuator, valuer
or appraiser in cases in which it is provided by a written
agreement that a valuation or appraisement shall be made by a
valuator, valuer or appraiser.
Exercise
of power
(2) The power may be exercised in the like cases and the
proceedings shall be the same as provided by section 8, except
that the court does not have power, without the consent
of the parties, to appoint a valuator, valuer or appraiser in the
place of the one who is named in the agreement and who
refuses to act, is incapable of acting or dies. R.S.O. 1970, c. 25,
s. 32.
Sched. ARBITRATIONS Chap. 25 143
SCHEDULE
(Section 5)
Provisions to be implied in Submissions
1. If no other mode of reference is provided, the reference is to a single
arbitrator.
2. If the reference is to two arbitrators, the two arbitrators may
appoint an umpire at any time within the period during which they have
power to make an award.
3. If an arbitrator or umpire or third arbitrator refuses to act or is
incapable of acting or dies, the party or parties, or the arbitrators by whom
he was appointed, may appoint an arbitrator, umpire or third arbitrator, as
the case may be, in his stead, and this power may be exercised from time
to time as vacancies occur.
4. The submission is not revoked by the death of the parties or either
of them.
5. The award shall be delivered to any of the parties requiring it,
and the personal representatives of a party deceased may require delivery
of the award.
6. The arbitrators shall make their award in writing within three
months after entering on the reference, or after having been called on to act
by notice in writing from any party to the submission, or on or before
any later date to which the arbitrators, by any writing signed by them,
may from time to time enlarge the time for making the award.
7. If the arbitrators have allowed their time or extended time to expire
without making an award, or have delivered to any party to the submission,
or to the umpire, a notice in writing stating that they cannot agree, the
umpire may forthwith enter on the reference in lieu of the arbitrators.
8. The umpire shall make his award within one month after the original
or extended time appointed for making the award of the arbitrators has
expired, or on or before any later day to which the umpire by any writing
signed by him may from time to time enlarge the time for making his
award.
9. The parties to the reference, and all persons claiming through them
respectively, shall, subject to any legal objection, submit to be examined
by the arbitrators or umpire, on oath in relation to the matters in dispute,
and shall, subject as aforesaid, produce before the arbitrators or umpire
all books, deeds, papers, accounts, writings, documents and things within
their possession or power respectively that may be required or called for,
and do all other things during the proceedings on the reference that the
arbitrators or umpire require.
10. The witnesses on the reference shall be examined on oath.
11. The award to be made by the arbitrators or by a majority of them
or by the umpire is final and binding on all the parties and the persons
claiming under them respectively.
12. The costs of the reference and award are in the discretion of the
arbitrators or umpire, who may direct to and by whom and in what manner
those costs or any part thereof shall be paid.
R.S.O. 1970, c. 25, Sched. A.
■MA
H'Mh* '-««,
Sec. 5 (2) ARCHITECTS Chap. 26 145
CHAPTER 26
Architects Act
1. The Ontario Association of Architects, hereinafter The Ontario
called the Association, is continued as a body corporate, of Architects
R.S.O. 1970, C. 27, S. 1. continued
2. The objects of the Association are to promote and objects
increase the knowledge, skill and proficiency of its members
in all things relating to the profession of architecture and
to advance and maintain a high standard in the practice
of architecture in Ontario, and to those ends to establish
and maintain or to assist in the establishment and mainten-
ance of classes, schools, exhibitions or lectures in, and
to promote public appreciation of, architecture and the
allied arts and sciences. R.S.O. 1970, c. 27, s. 2.
3. The Association may acquire by purchase, lease or?o,^erto
,,. , i r ■ ,, hold real
otherwise and possess real estate for its purposes, but for estate
no other purposes, and may sell, mortgage, lease or other-
wise dispose of any of its real estate. R.S.O. 1970, c. 27
s. 3.
4. The head office of the Association shall be at the Head office
City of Toronto. R.S.O. 1970, c. 27, s. 4.
5. — (1) Membership in the Association shall be granted ^^^f^"
by the Registration Board of the Association on appli- membership
cation to it if the applicant,
(a) is of good character ;
(6) is not less than twenty-one years of age ;
(c) has passed the prescribed examination of the
Registration Board or is exempted therefrom
pursuant to its regulations ;
{d) is domiciled in Ontario ; and
{e) is a British subject, or has taken the oath of
allegiance and declared his intention of becoming a
British subject.
(2) No corporation shall be granted membership in the ^^^^^°^
Association or be licensed to practise architecture in Ontario.
R.S.O. 1970, c. 27, s. 5.
146
Chap. 26
ARCHITECTS
Sec. 5 (3)
Exception
Non-resident
architects
desiring to
practise
Council of
Association
Electoral
districts
Inclusion of
city or town
Term of
office
Filling
vacancies
(3) Subsection (2) does not prevent a member of the Association
from offering or providing architectural services to a corporation
in order to enable the corporation to provide architectural services
in respect of a work or project situate outside Ontario. 1979,
c. 104, s. 1.
6. Membership in the AssQciation or temporary licences
to practise in Ontario may be granted, upon such terms
and subject to such conditions as the Registration Board
by regulation provides, to any person who is a British
subject domiciled outside Ontario but within the Common-
wealth who is a member of an association or society of
architects within the Commonwealth recognized by the
Board. R.S.O. 1970, c. 27, s. 6.
7. — (1) There shall be a council of the Association,
in this Act called the Council, which shall consist of six
members who shall be elected and hold office as provided
in this section and where the immediate past president of
the Association has not been re-elected to the Council,
he shall also be a member thereof until he ceases to be
the immediate past president, and the Council has power
by by-law to increase the number of its members.
(2) At least one member of the Council shall be elected
from each of five electoral districts to be known as the
Windsor, Hamilton, Toronto, London and Ottawa
districts, and the five districts shall be composed as set
forth in the Schedule, but the Council may by by-law
alter the composition of any of the electoral districts and
in any by-law increasing the number of members of the
Council may provide for the creation of one or more new
electoral districts and for the election of at least one
member of the Council from each new district.
(3) An electoral district established by reference to a
county or territorial district includes the cities and separated
towns therein.
(4) Members of the Council shall hold office for three
years from the 1st day of January following the date of
their election.
(5) Any member of the Council may resign by letter addressed
to the president of the Association, and every vacancy caused by
the death, resignation or incapacity to act of a member of the
Council shall be filled by a member of the Association,
(a) if a quorum of the Council remains in office, appointed
by a majority vote of the members of the Council; or
(b) if no quorum of the Council remains in office,
elected under this section.
Sec. 8 (3) ARCHITECTS Chap. 26 147
and a person so appointed or elected shall be from the
electoral district of the member whose place he is appointed
or elected to fill and shall hold office for the unexpired
portion of the term of such member.
(6) A retiring member of the Council is not eligible Re-eiection
for re-election for the year immediately following his retire-
ment, except where he is the president or vice-president
at the date of his retirement. R.S.O. 1970, c. 27, s. 7.
8. — (1) The Registration Board of the Association, ing®|^'^*"°°
this Act called the Board, is continued and shall carry
on the functions of the Architects' Registration Board
established under The Architects' Act, 1931, except asi93i,c.43
herein varied, and the Board shall be composed as follows:
1. One member of the Association to be appointed University
by the University of Toronto and one member of
the Association by each other university, college
or body in Ontario that is by law authorized to
grant degrees in architecture and that establishes
and maintains to the satisfaction of the Board a
faculty, school or department of architecture in
connection therewith, each member appointed under
this paragraph to hold office for a period of
three years from the 1st day of January following
his appointment.
2. One member of the Association to be appointed ^^^j^®°^
by the Lieutenant Governor in Council, to hold
office for a period of three years from the 1st day
of January following his appointment.
3. Three members of the Association for the first members
appointee under paragraph 1 and one additional
member of the Association for each additional appointee
under paragraph 1 , these members to be elected in the
manner hereinafter provided, and each to hold office for
three years from the 1st day of January following his
election.
(2) Any member of the Board not otherwise disqualified Eu^^^iiity
is eligible for reappointment or re-election at the expiration appointment
of his term, but a member of the Council elected to the
Board shall resign his seat on the Council before taking
his seat on the Board, and a member of the Board,
while in office, is not eligible for election to the Council.
(3) Any member of the Board may resign by letter ^^^j^^
addressed to the chairman of the Board, and every vacancy
148 Chap. 26 architects Sec. 8 (3)
on the Board caused by the death, resignation or incapacity
to act of any member shall be filled,
(a) if such member has been appointed under paragraph 1
of subsection (1) by the university, college or body that
appointed him;
(b) if such member has been appointed under paragraph 2
of subsection (1), by the Lieutenant Governor in Council;
and
(c) if such member has been elected under paragraph 3
of subsection (1), by a majority of the members of the
Board still in office, if a quorum is still in office, or, if
not, by election under the said paragraph 3,
and a member of the Board appointed or elected to
fill a vacancy shall hold office for the unexpired portion
of the term of the member whose place he is appointed
or elected to fill. R.S.O. 1970, c. 27, s. 8.
Right to Q^ ^jj members of the Association are entitled to vote
at elections for the Council and for the elective members
of the Board. R.S.O. 1970, c. 27, s. 9.
Regulations jQ^ — (1) The Board may make regulations,
(a) for the admission of members of the Association
and the annual renewal of membership therein ;
(6) prescribing the qualifications of persons to be
admitted and the proofs to be furnished as to
education, good character and experience ;
(c) prescribing examinations for admission and the
method of conducting them ;
{d) for keeping a register of members of the Association
and for issuing certificates of membership under
the seal of the Association and calling in such
certificates where membership lapses or is cancelled
or suspended ;
(e) prescribing the fees to be paid on admission of
members to the Association, by associates and
student associates, on examinations, on annual
renewal of membership in the Association and as
annual fees by associates and student associates ;
Sec. 10 (3) ARCHITECTS Chap. 26 149
(/) providing for the discipline and control of members
of the Association, including provision for the
signing or sealing of drawings and specifications
prepared by members of the Association ;
(g) providing for the cancellation of membership for
non-payment of fees and for the cancellation of
membership where a member changes his domicile
to a place outside the Commonwealth ;
(h) providing for the election of members of the
Council and of the elective members of the Board,
for the holding of meetings of the Board and for
fixing the quorum of the Board ;
(») for the election of a chairman and vice-chairman
and the appointment of a secretary and such other
officers of the Board as it desires and for prescribing
their duties, and, subject to the provisions herein-
after contained, for fixing their remuneration;
(_;') for granting temporary licences to practise archi-
tecture under section 6 and fixing the fees to be
paid thereon ;
{k) generally for the better carrying out of the powers
vested in the Board.
(2) Subject to the approval of the Lieutenant Governor DiscipUn^
in Council, the Board may make regulations,
{a) providing for the investigation of any complaint
that a member of the Association has been guilty
of misconduct or incompetence, so as to render
it desirable in the public interest that his membership
be suspended or cancelled ;
(b) providing for the cancellation or suspension of
the membership of any person found by the Board
to be guilty of misconduct or incompetence and
for the publication in the public press of notice
of such cancellation or suspension and the reasons
therefor ;
(c) providing the terms and conditions on which a
member whose membership has been cancelled
may in a proper case be restored to membership.
(3) A copy of every regulation made under this section ^regulations
shall be furnished to every member of the Association.
R.S.O. 1970, c. 27. s. 10.
150
By-laws
Chap. 26
ARCHITECTS
Sec. 11
Application
of funds
of the
Association
Duty of
Council and
members In
respect of
complaints
11. The Council may pass by-laws,
(a) for the control and management of the real and
personal property of the Association ;
{b) instituting and furnishing means and facilities for
the promotion of knowledge, proficiency and a high
standard of ethics in all things relating to the
practice of architecture ;
(c) providing for scholarships, lectures and exhibitions ;
{d) for the holding of meetings of the Association
and the Council and fixing the quorum thereat ;
{e) for the election of a president, vice-president,
and treasurer of the Association and the appoint-
ment of a secretary and such other officers of
the Association as the Council desires and for
prescribing their duties, and, subject to the pro-
visions hereinafter contained, for fixing their re-
muneration ;
(/) for the election of associates, student associates,
and honorary members ;
is) appointing representatives to other architectural
associations or bodies and maintaining connection
with the Royal Architectural Institute of Canada;
{h) generally for carrying out the objects of the
Association in all matters other than those referred
to in section 10, all of which are reserved for
regulation by the Board. R.S.O. 1970, c. 27, s. 11.
12. The Council shall provide from the funds of the
Association all moneys required by the Board to enable
it to function in accordance with the powers vested in it,
and any funds of the Association may be applied in
carrying out this Act and the regulations or by-laws made
under it and in furthering the objects of the Association
and paying the costs and expenses incurred for or incident
to the enactment of this legislation. R.S.O. 1970, c. 27,
s. 12.
13. It is the duty of each member of the Council to
bring before it all complaints of misconduct or incompetence
on the part of any member of the Association that may be
brought to his attention and it is the duty of the Council
to bring before the Board all such cases that in its
Sec. 16 (2) ARCHITECTS Chap. 26 151
opinion should be dealt with by the Board, but nothing
herein prevents anyone from bringing before the Board
any complaints of misconduct or incompetence on the
part of any member of the Association. R.S.O. 1970,
c.27,s. 13.
14. There shall be paid to the members of the Council ^ees
and the Board such fees for attendance and such reasonable
travelling expenses as are fixed, in the case of the Board,
by its regulations and, in the case of the Council, by
by-law, such fees, exclusive of travelling expenses, not to
exceed $15 per meeting for the chairman of the Board
and $15 per meeting for the president of the Association
and $10 per meeting for any other member of the Board
or the Council, but, where the secretary of the Board
or the Council is also a member of the Board or the
Council, he may be paid such salary as the body appointing
him decides upon, in addition to or by way of substitution
for his fee as a member of such body. R.S.O. 1970,
c. 27, s. 14.
15. Subject to the approval of the Council, members chapters
may form themselves into groups for promoting the objects
of the Association, and such groups shall be known as
Chapters and, subject to the approval of the Council,
each Chapter has power to make by-laws for the admission
of members and associates thereof, for the election of
officers and the holding of meetings and for otherwise
conducting its affairs. R.S.O. 1970, c. 27, s. 15.
16. — (1) Every person who, not being a member of the a^aj^nstuse'
Association, or who, having been a member, has had his ofword
fl.rcliitj6ct
membership cancelled or is under suspension, or who, not etc.
being licensed under section 6, applies to himself the
term "architect" alone or in combination with any other
term, or who holds himself out as an architect, is guilty
of an offence and on conviction is liable to a fine of not more than
$100 for a first offence and to a fine of not less than $300 and not
more than $500 or to imprisonment for a term of not more than
three months, or to both, for any subsequent offence.
(2) Every corporation that applies to itself the term JJ^'^j^rationB
"architect" or "architects" alone or in combination with
any other term or that holds itself out as an architect
or as architects is guilty of an offence and the corporation
or any director thereof, on conviction, is liable to a fine of not less
than $ 100 and not more than $500 for a first offence and to a fine of
not less than $200 and not more than $1,000, or to imprisonment
152 Chap. 26 ARCHITECTS Sec. 16 (2)
for a term of not more than three months, or to both, for any
subsequent offence.
Holding out (3) Without restricting the generality of subsections (1)
defined and (2), any person or corporation who prepares or offers
to prepare for a fee, commission or other remuneration
any sketch, drawing or specification for a proposed building
structure or for a structural alteration of or addition to
an existing building structure, when such proposed work
is to cost more than $10,000, shall be deemed to hold
himself or itself out as an architect. R.S.O. 1970, c. 27, s. 16
(1-3).
''™^'s« (4) Nothing in this Act prevents or shall be construed to pre-
vent,
(a) any person from performing his duties in the Canadian
Forces;
(6) any member or licensee of the Association of
Professional Engineers of the Province of Ontario
^'^xgl '*^^"' under the Professional Engineers Act or any
employee or person working under the responsi-
bility of such member or licensee from performing
architectural services in the course of any work
undertaken or proposed to be undertaken by such
member or licensee as an engineer ;
(c) any partnership, association of persons or corpor-
ation that is entitled to practise in its own name
under the Professional Engineers Act in accordance
with the conditions therein prescribed from perform-
ing architectural services in the course of any
work undertaken or proposed to be undertaken by
such partnership, association or corporation pur-
suant to such entitlement ;
{d) any person or corporation from preparing a sketch,
drawing or specification for a structure in, upon
or pertaining to a mining property, or an alteration
of or addition to an existing structure m, upon or
pertaining to a mining property ;
{e) a bona fide member of an architect's staff from
preparing a sketch, drawing or specification in the
course of his employment under the supervision
of the architect ;
(/) a bona fide building contractor, whether a person
or a corporation, or a bona fide member of such
contractor's staff domiciled in Ontario from preparing
Sec. 17 ARCHITECTS Chap. 26 153
a sketch, drawing or sp)ecification for such con-
tractor's own use as a building contractor in the
construction or alteration by such contractor, or
by tradesmen employed by such contractor, of a
building structure, whether it be proceeded with or
not, and obtaining remuneration therefor;
ig) any person or corporation from preparing a sketch,
drawing or specification for interior decorations
or the installation in the interior of a structure
of fixtures, non-bearing partitions or equipment
where the structural alterations involved do not
raise considerations of strength or safety ;
(A) any person or corporation from using the term
"Landscape Architect" ;
{i) any person in the course of his employment under
the supervision of or in conjunction with an
architect from preparing a sketch, drawing or
sf)ecification for work to be undertaken by his
employer ;
ij) any person, firm or corporation engaged in the
business of selling prefabricated building structures
from furnishing such drawings, diagrams and direc-
tions as are required for the assembling and
erection of such structures; or
(k) a corporation from offering or providing the architec-
tural services of a member of the Association in respect
of a work or project situate outside Ontario. R.S.O.
1970, c. 27, s. 16 (4); 1979, c. 104, s. 2.
(5) Associates, student associates and honorary members students,
shall not be deemed to be members of the Association members,
within the meaning of this section unless and until admitted
to membership under section 5 or 6, but an honorary
member or associate who has at some time been a member
of the Association may continue to apply to himself
the term "architect", but may not practise architecture.
R.S.O. 1970, c. 27, s. 16(5).
17. In the investigation of a complaint against a member Board has
of the Association, the Board has the powers of a com- J^mmirsion
mission under Part II of the Public Inquiries Act, which ""^^r
Part applies to such investigation as if it were an inquiry c. 4ii
under that Act. R.S.O. 1970, c. 27, s. 17; 1971, c. 49,
s. 18.
154
Chap. 26
ARCHITECTS
Sec. 18
to°uea°ainst ^^' ^° action shall be brought against the Board or
Board or the Council or any member or officer thereof for anything
done under this Act or under any by-law or regulation
made under this Act. R.S.O. 1970, c. 27, s. 18.
Appeal j9^ — (1) Anyone whose membership has been suspended or
cancelled may, within fifteen days after the date of the
order of suspension or cancellation, appeal to the Divisional Court
from such order in accordance with the rules of court and the court
has power to confirm, vary, vacate or set aside such order or to
make such other order as it considers just, and to make an order
for payment of the costs of the appeal and there shall be no further
or other appeal.
Practising:
pending
appeal
(2) Pending an appeal, the person whose membership
is suspended or cancelled may continue to practise, but,
unless the order of suspension or cancellation is set aside,
he shall not practise after the appeal has been disposed of,
except that, in the case of suspension, he may practise
upon and after the expiry of the period of suspension.
R.S.O. 1970, c. 27, s. 19, revised.
False
certificates
20. Every architect who wilfully makes a false certificate
with respect to any work done or with respect to the cost,
value or condition of any work or building is guilty of
an offence and, in addition to being liable in damages for
any injury or loss thereby suffered, is on conviction liable to a
fine of not more than $100. R.S.O. 1970, c. 27, s. 20.
Witness
fees
21. Every architect summoned to attend a civil or
criminal court for the purpose of giving evidence in his
professional capacity, for each day he so attends, is entitled
to $5 in addition to his travelling expenses, to be taxed
and paid in the manner by law provided with regard
to the payment of witnesses attending such court. R.S.O.
1970,c. 27,s. 21.
Recovery
of fees
22. All fees fixed by the regulations of the Board shall
be deemed to be a debt due to the Association and
are recoverable with the costs of the suit in the name of
the Association in the small claims court of the division
in which the member liable resides or practises as an
architect. R.S.O. 1970. c. 27, s. 22.
Sched. ARCHITECTS Chap. 26 155
SCHEDULE
(Section 7 (2) )
ELECTORAL DISTRICTS
Windsor
Counties of Essex, Kent and Lambton.
Hamilton
Counties of Brant, Grey, Simcoe, and Wellington, The Regional
Municipality of Harailton-Wentworth, The Regional Municipality of Haldi-
mand-Norfolk, The Regional Municipality of Niagara and The Regional
Municipality of Waterloo.
Toronto
The Municipahty of Metrop>oHtan Toronto, The Regional Municipahty
of Durham, The Regional Municipality of Halton, The Regional Munici-
pahty of Peel, The Regional Municipality of York and the counties of
Dufferin, Hahburton, Hastings, Lennox and Addington, Northumberland,
Peterborough, Prince Edward, and Victoria and the territorial districts of Algoma,
Kenora, Manitoulin, Muskoka, Parry Sound, Rainy River and Thunder Bay and
all places outside Ontario.
London
Counties of Bruce, Elgin, Huron, Middlesex, Oxford and Perth.
Ottawa
Counties of Dundas, Frontenac, Glengarr\', Grenville, Lanark, Leeds,
Prescott, Renfrew, Russell and Stormont and The Regional Municipality of
Ottawa-Carleton and the territorial districts of Cochrane, Nipissing, Sudbury and
Timiskaming.
R.S.O. 1970, c. 27, Sched., revised.
Sec. 5 (c) ARCHIVES Chap. 27 157
CHAPTER 27
Archives Act
1. In this Act, interpre-
tation
(a) "Archives" means the Archives of Ontario;
(b) "Archivist" means the officer appointed to administer
this Act. 1972, c. 1, s. 14 (1), part.
2. There shall be an Archivist who shall be appointed ^"^hivist
by the Lieutenant Governor in Council with the rank of a
deputy head of a Ministry and who shall be in charge of the
administration of this Act under the direction of the member
of the Executive Council to whom the administration of this
Act is assigned. 1972, c. 1, s. 14 (1), part.
3. Subject to the regulations, all original documents, <^^o<*y of
parchments, manuscripts, papers, records and other matters documents
in the executive and administrative departments of the
Government or of the Assembly, or of any commission,
office or branch of the public service shall be delivered to
the Archives for safekeeping and custody within twenty
years from the date on which such matters cease to be in
current use. R.S.O. 1970, c. 28, s. 3; 1972, c. 1, s. 14 (2).
4. The Archivist is authorized and directed to receive and^poj^si-
grant discharges for all such matters as are transferred to the Archives
Archives under this Act and the Archives is thereafter
responsible for the safekeeping of the matters so transferred.
R.S.O. 1970, c. 28, s. 4; 1972, c. 1, s. 14 (2).
6. The objects of the Archives are, atcMvm^
(a) the classification, safekeeping, indexing and cata-
loguing of all matters transferred to the Archives
under section 3 ;
{b) the discovery, collection and preservation of material
having any bearing upon the history of Ontario ;
(c) the copying and printing of important public docu-
ments relating to the legislative or general history
of Ontario ;
158 Chap. 27 ARCHIVES Sec. 5 (d)
(d) the collecting of all documents having in any sense a
bearing upon the political or social history of Ontario
and upon its agricultural, industrial, commercial or
financial development;
(e) the collecting of municipal, school and church records ;
(/) the collection and preservation of pamphlets, maps,
charts, manuscripts, papers, regimental muster rolls
and other matters of general or local interest histori-
cally in Ontario ;
{g) the collection and preservation of information respect-
ing the early settlers of Ontario, including pioneer
experience, customs, mode of living, prices, wages,
boundaries, areas cultivated, and home and social life ;
{h) the collection and preservation of the correspondence
of settlers, documents in private hands relating to
public and social affairs and reports of local events
of historic interest in domestic and pubUc life;
{i) the conducting of research with a view to preserving
the memory of pioneer settlers in Ontario and of their
early exploits and the part taken by them in opening
up and developing the Province. R.S.O. 1970,
c. 28, s. 5; 1972, c. 1, s. 14(2).
o/offlciaf*°° ®' Subject to the regulations, no official document, paper,
documents pamphlet or report in the possession of any ministry or branch
of the public service or of the Assembly shall be destroyed or
permanently removed without the knowledge and concurrence
,-, of the Archivist. R.S.O. 1970, c. 28, s. 6; 1972, c. 1 s. 2.
Certified 7. A copy of any original document in the custody of the
Archivist, certified under his hand and seal to be a true copy, is
prima facie evidence of the authenticity and correctness of such
document. R.S.O. 1970, c. 28, s. 7.
Regruiations §^ fhe Lieutenant Governor in Council may make regula-
tions,
(a) respecting the administration of the Archives and
• ^ the duties of the Archivist ;
(h) prescribing the matters that shall be transferred to
the Archives under this Act and extending or reducing
the period that shall elapse before any such matters are
transferred to the Archives ;
Sec. 9 ARCHIVES Chap. 27 159
(c) for the classification of archives and other matters in
the Archives and the preparation of proper calendars,
catalogues and indexes for the purpose of making
such archives and other matters accessible for pur-
poses of official, scientific and historical research;
(d) directing the manner in which documents, papers,
pamphlets or reports in the office of any member of
the Executive Council or in any ministry or branch of
the public service or the Assembly shall be disposed of
from time to time and the class of documents, papers,
pamphlets or reports that shall be deemed to be public
archives. R.S.O. 1970, c. 28, s. 8; 1972, c. 1,
ss. 2, 14(2).
9. Nothing in this Act shall be taken or deemed to authorize ^l*'^^/
the destruction or other disposition of any official document,
paper, map, plan, report, memorandum or other matter in
contravention of any order of the Assembly or of any express
provision in any general or special Act of the Legislature.
R.S.O. 1970, c. 28, s. 9.
Sec. 4 (1) ART GALLERY OF ONTARIO Chap. 28 161
CHAPTER 28
Art Gallery of Ontario Act
1 In this Act Interpre-
4. Ill iiiis ni,i, tation
(a) "Board" means the board of trustees of the Gallery;
(6) "Gallery" means the Art Gallery of Ontario;
(c) "member of the executive committee" means a
trustee of the Board elected to the executive com-
mittee by the Board from among its members
according to the by-laws of the Board. R.S.O.
1970. c. 29, s. 1; 1978, c. 74, s. 1.
2. — (1) The Art Gallery of Ontario is continued as a cor- ofon^rfo^
poration without share capital and, subject to the provisions continued
of this Act, has and may hold, possess and enjoy all the property,
rights, powers and privileges that it now has, holds, possesses
or enjoys, and, subject to the provisions of this Act, all by-laws,
rules and regulations of The Art Gallery of Toronto now in
force shall continue in force until amended or repealed.
(2) The Art Gallery of Ontario shall consist of the trustees Jf°°^*i''°"°°
for the time being of the Board. R.S.O. 1970, c. 29, s. 2. poration
3. The objects of the Gallery are, gSjS°^
(a) to cultivate and advance the cause of the visual arts
in Ontario;
(6) to conduct programs of education in the origin,
development, appreciation and techniques of the
visual arts;
(c) to collect and exhibit works of art and displays and
to maintain and operate a gallery and related facili-
ties as required for this purpose ; and
{d) to stimulate the interest of the public in matters
undertaken by the Gallery. R.S.O. 1970, c. 29, s. 3.
4. — (1) The affairs of the Gallery shall be managed andg?^^°f
controlled by a board of trustees consisting of twenty-seven
trustees as follows:
162
Chap. 28
ART GALLERY OF ONTARIO
Sec. 4 (1) (a)
Term of
office
Idem
Vacancies
{a) five persons appointed by The College of Founders
of the Art Gallery of Ontario;
(b) ten persons elected by the membership of the Gallery ;
(c) two persons appointed by the council of The Muni-
cipality of Metropolitan Toronto, one of whom shall
be a person who is both a member of the council of
the City of Toronto and a member of the council of
The Municipality of Metropolitan Toronto; and
(d) ten other persons appointed by the Lieutenant
Governor in Council. R.S.O. 1970, c. 29, s. 4 (1);
1972, c. 72, s. 1; 1978, c. 74, s. 2 (1).
(2) A trustee appointed under clause (1) (a) or (c) or elected
under clause (1) (b) shall hold office for a term of one year or until
his successor is appointed or elected, as the case may be, and,
subject to subsection (3), a trustee appointed under clause (1) (d)
shall hold office for a term of three years or until his successor is
appointed. 1978, c. 74, s. 2 (2).
(3) Of the trustees first appointed under clause (l) id) after the
coming into force of this section, three shall hold office for a term
of one year, three for a term of two years and four for a term of
three years, and each trustee shall hold office until his successor is
appointed. 1972, c. 72, s. 2 {!), part.
(4) Where a vacancy occurs for any reason in the office
of trustee, the vacancy may be filled,
(a) in the case of a vacancy of a trustee appointed
under clause (1) (a), by appointment by The College of
Founders of the Ait Gallery of Ontario;
(b) in the case of a vacancy of a trustee elected under
clause (1) (b), by appointment by the remaining trustees
elected by the membership of the Gallery;
(c) in the case of a vacancy of a trustee appointed under
clause (1) (c), by appointment by the council of The
Municipality of Metropolitan Toronto; and
id) in the case of a vacancy of a trustee appointed
under clause (1) (d), by appointment by the Lieutenant
Governor in Council,
and a person so appointed shall hold office for the remainder of
the term of his predecessor except that, in the case of a vacancy
Sec. 5 (a) (iii) art gallery of Ontario Chap. 28 163
referred^o in clause (1) ijb)r the person so appointed shall hold
office until the next annual meeting of the membership of the
Gallery. 1978, c. 74, s. 2 (3).
(5) A trustee appointed or elected under subsection (1) is Eligibility
eligible for reappointment or re-election, as the case may be, ekctfon or
but no trustee appointed under clause (1) (d) is eligible for reap- reappoint-
pointment on the expiration of his second consecutive term until at
least one year has elapsed from the expiration of such
term. 1972, c. 72, s. 2 (1), part.
(6) Notwithstanding subsection (5), a trustee who is a Term of
member of the executive committee may be reappointed on °^^'"
the expiration of his second consecutive term. 1978, c. 74,
s. 2 (4).
(7) The trustees shall annually elect from among them- President,
selves a president and one or more vice-presidents. presidents
(8) The president shall preside at all meetings of the Board Pi^^siding
and, in his absence, a vice-president shall preside, and, in the
absence of the president and the vice-presidents, the members
present at a meeting shall elect one of themselves to preside.
R.S.O. 1970, c. 29, s. 4(4, 5).
5. The Board may, bo^T°^
(a) make by-laws, rules and regulations,
(i) for the administration of its affairs, including
the fixing of a quorum of the Board,
(ii) governing the use by the public of the facilities,
property and equipment of the Gallery and
requiring the payment of fees for the admis-
sion of the public or any class thereof to such
facilities and property, and prescribing the
amounts of such fees,
(iii) providing for membership in the Gallery and
prescribing the qualifications and terms of
membership and the fees to be paid therefor,
and providing for and regulating meetings
of members including the conduct of a mail
ballot to decide any issue in respect of
which the members are entitled to vote,
subject to the requirement that the members
be mailed information concerning the issue at
least thirty days in advance of the final date
for the return of mail ballots, and
164 Chap. 28 ART GALLERY OF ONTARIO ScC. 5 (a) (iv)
(iv) governing the election of trustees to the Board
by the membership of the Gallery under clause
4 (1) (b);
(b) appoint a Director of the Gallery;
(c) appoint, promote, transfer or remove such officers,
clerks and servants as it considers necessary from
time to time for the proper conduct of the affairs of
the Gallery and may delegate all or a part of the
authority for so doing to the Director;
(d) fix the number, duties, salaries, qualifications and
tenure of office or employment and other emoluments
of officers and members of the staff of the Gallery;
(e) delegate to the Director the authority to fix the
number, duties, salaries, qualifications and tenure of
office or employment and other emoluments of
the staff of the Gallery;
(f) provide for the retirement and superannuation of
persons mentioned in clauses (6) and (c);
(g) appoint by resolution a trustee or trustees of the
Board, or any other person or persons, to execute on
behalf of the Board any documents and other instru-
ments in writing and to affix the corporate seal of the
Gallery thereto;
(h) appoint committees from the trustees of the Board
and such other committees as are considered desirable,
and confer upon any such committees authority to act
for the Board with respect to any matter or classes
of matters;
(i) enter into agreements with any association or organ-
ization to promote the objects of the Gallery;
ij) enter into agreements with one or more universities,
colleges or schools in areas consistent with the objects
of the Gallery; and
{k ) generally conduct and manage the business and affairs
of the Gallery. R.S.O. 1970, c. 29, s. S; 1972, c. 72,
s. 3; 1978, c. 74, s. 3.
vear
Fiscal 6 . The fiscal year of the Gallery shall extend from the 1 st day of
April of any year to the 31st day of March of the year next
following. 1972, c. 72, s. 4, revised.
Sec. 13 ART GALLERY OF ONTARIO Chap. 28 165
7. All trusts, gifts, devises and bequests that have hereto- b^u^tg
fore been or shall hereafter be made to or in favour of or e'^c.
intended for The Art Gallery of Toronto shall be held and
enjoyed by the Art Gallery of Ontario. R.S.O. 1970, c. 29, s. 7.
8. The Gallery has, in addition to the powers, rights and PropertN
R.S.O.
c. 219
privileges mentioned in section 26 of the Interpretation Act,^^^ ^^^'
power to purchase or otherwise acquire, take or receive by gift,
bequest or devise and to hold and enjoy any estate or property
whatsoever, whether real or {personal, and to sell, grant, con-
vey, mortgage, lease or otherwise dispose of the estate or
property or any part thereof from time to time and as
occasion may require, and to acquire other estate or property
in addition thereto or in place thereof without licence in
mortmain and without limitation as to the period of holding.
R.S.O. 1970, c. 29, s. 8.
9. In the event of a conflict between any provision of this Conflict
"S.C
95
Act and any provision of the Corporations Act, the provision flf '^*°'
of this Act prevails. 1972, c. 72, s. 5.
10. The real and personal property vested in the Gallery J^^^ ^.^^
and any lands and premises leased to and occupied by the
Gallery are not liable to taxation for municipal or school
purposes so long as they are actually used and occupied for
the purposes of the Gallery. 1972, c. 72, s. 6.
1 1 . Real property vested in the Galler\' is not liable to be ^[^^l^^
entered upon, used or taken by any corporation, except a not liable
* -' -' * *^ to be expro-
municipal corporation, or by any person possessing the right pnated
of taking real property compulsorily for any purpose, and no
power to expropriate real property conferred after the 8th
day of July, 1966, shall extend to such property unless in the
Act conferring the power it is made in express terms to
apply thereto. R.S.O. 1970, c. 29, s. 10.
12. The property and the income, revenues, issues and a^p^iJ^^o°
profits of all property of the Gallery shall be applied solely to
achieving the objects of the Gallery. R.S.O. 1970, c. 29, s. 11.
13. The Board may borrow money upon the credit of the ^^^°^
Gallery, and may issue bonds, debentures or other securities of
the Gallery, and may pledge or sell them for such sums or at
such prices as may be considered expedient or necessary, and
may hypothecate, mortgage or pledge all or any of the real or
personal property, rights or powers of the Gallery to secure any
bonds, debentures or other securities and any indebtedness
of or money borrowed for the purposes of the Gallery. R.S.O.
1970, c. 29, s. 12.
166
Chap. 28
ART GALLERY OF ONTARIO
Sec. 14
Investment
of funds
Auditors
R.S.O. 1980,
c. 405
14. The funds of the Gallery not immediately required for
its purposes and the proceeds of all property that come to
the Gallery, subject to any trust or trusts affecting them,
may be invested and reinvested in such investments as the
Board considers proper. R.S.O. 1970, c. 29, s. 13.
15. The Board shall appoint one or more auditors licensed
under the Public Accountancy Act to audit the accounts and
transactions of the Gallery at least once a year. 1972, c. 72, s. 7.
Annual
report, etc.
Tabling
Trust
property
Conveyance
of lands to
Toronto
authorized
16. — (1) The Board shall submit to the Minister of Culture
and Recreation an annual report and such other reports
as he may request from time to time.
(2) The Minister of Culture and Recreation shall submit
the annual report to the Lieutenant Governor in Council and
shall then lay such report before the Assembly if it is in
session or, if not, at the next ensuing session. 1972, c. 72,
s. 8; O. Reg. 53/76.
17. Nothing in this Act authorizes the Board to alienate,
hypothecate, mortgage or pledge any real or personal property
given, devised or bequeathed to it with a condition annexed
to such gift that the property shall not be alienated, hypo-
thecated, mortgaged or pledged. R.S.O. 1970, c. 29, s. 16.
18. Notwithstanding section 17 and the condition attached
to a deed dated the 17th day of February, 1911, registered in
the Registry Office for the Registry Division of Toronto as
No. 23798S between Goldwin Larratt Smith, of the City of
Toronto, Solicitor, surviving Executor and Trustee of the Last
Will"^nd Testament of Harriette Elizabeth Mann Smith,
deceased, and James Frederick Smith and the said Goldwin
Larratt Smith, of the same place. Solicitors, Executors and
Trustees of the Last Will and Testament of Goldwin Smith,
deceased, and the Art Museum of Toronto, the Gallery may
convey, release, quit claim or otherwise dispose of to The
Corporation of the City of Toronto the lands set forth in the
Schedule. 1972, c. 72, s. 9.
'iM-
Sched. ART GALLERY OF ONTARIO Chap. 28 167
SCHEDULE
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the City of Toronto, in The Municipality of Metro-
politan Toronto (formerly in the County of York) and Province of Ontario
being composed of :
Firstly: Part of Park Lot 13 in the First Concession from the Bay, in
the original Township of York but now in the said City of Toronto, the
said parcel of land being designated as Part 7 on a plan of survey deposited
in the Registry Office for the Registry Division of Toronto as 63R-357.
Secondly: Part of Park Lots 13 and 14 in the First Concession from the
Bay, in the original Township of York but now in the said City of Toronto,
the said parcels of land being designated as Parts 13 and 14 on said plan
of survey deposited in the Registry Office for the Registry Division of
Toronto as 63R-357.
1972, c. 72, Sched.
Sec. 1 (/) ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 169
CHAPTER 29
Artificial Insemination of Live Stock Act
1. In this Act, interpre-
tation
(a) "artificial insemination" means the depositing of
semen in the genital tract of a domestic female
live stock animal by a means other than the natural
method ;
(6) "Board" means the Agricultural Licensing and
Registration Review Board under the Ministry
of Agriculture and Food Act, ** 270 ^^^°'
(f) "Commissioner" means the Live Stock Com-
missioner;
{d) "Committee" means The Artificial Insemination
of Live Stock Advisor>- Committee;
{e) "inseminating business" means a business in which
one or more inseminators are engaged in artificial
insemination;
(/) "inseminator" means a person who engages in the pro-
cess of artificial insemination;
(g) "licence" means a licence under this Act;
{h) "live stock" means cattle, goats, horses, sheep or
swine;
(i) "Minister" means the Minister of Agriculture and
Food;
(j) "regulations" means the regulations made under this
Act;
{k) "semen-producing business" means a business that
maintains one or more live stock animals from
which it offers semen for sale for the purpose of
artificial insemination;
(/) "semen processing supervisor" means a person
who is responsible for the supervision of the
170
Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Sec. 1 (/)
collection, processing or identification of semen
for the purpose of artificial insemination. R.S.O.
1970, c. 30, s. 1; 1971, c. 50, s. 9 (1); 1973, c. 119,
s. 2; 1978, c. 100, s. 4 (1).
2. The Commissioner is responsible to the Minister for
R.S.O.
Commis-
tobein the administration and enforcement of this Act.
charge ^^jq ^ ^q ^ 2.
nFentot *^* — (^) ^^^ Lieutenant Governor in Council may appoint
Committee a Committee consisting of not fewer than three persons to
be known as The Artificial Insemination of Live Stock
Advisory Committee. 1973, c. 119, s. 3.
confmittee^ (2) The Committee shall act in an advisory capacity to the
Minister and the Commissioner.
Chairman (3) Xhc Lieutenant Governor in Council may designate
chairman one of the members as chairman and one member as vice-
chairman.
Allowances (4) The members of the Committee shall receive such
to members ^ '
allowances and expenses as the Lieutenant Governor in
Council determines. R.S.O. 1970, c. 30, s. 3. (2-4).
Inspectors 4.^ f^g Lieutenant Governor- in Council may appoint in-
spectors to carry out and enforce this Act and the regu-
lations. R.S.O. 1970, c. 30, s. 4.
Certificate
of appoint-
ment
5. — (1) The production by the Commissioner or by an
inspector of a certificate of his appointment purporting to be
signed by the Minister is admissible in evidence as prima
facie proof of his appointment without further proof of the
signature or authority of the Minister.
Obstruction (2) No persou shall hinder or obstruct the Commissioner
ofCommis- ^ ' . ^ ., ..... r-ii.-
sioneror or an inspector in the course of his duties, or lurnisn nim
with false information, or refuse to furnish him with infor-
mation. R.S.O. 1970, c. 30, s. 5.
inspector
Licensing Q^ — (J) No person shall commence or continue to engage
in an inseminating business or a semen-producing business
without a licence therefor from the Commissioner.
Only a (2) No pcrsou. Other than a corporation without share
corporation .,,,,,{, ,. • ■ ■^•
without capital, shall hold a licence to engage in an inseminating
tohoid^^ ^ business but nothing in this subsection affects a person
licence ^^^ j^^j^^ ^^^j^ ^ licence prior to the 1st day of January, 1974.
Sec. 9 (1) ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 171
(3) Semen-producing businesses are classified as follows: ciassifica-
businesses
1. Class "A" semen-producing businesses consisting of
semen-producing businesses that are corporations
without share capital.
2. Class "B" semen-producing businesses consisting of
semen-producing businesses that are not corpora-
tions without share capital.
(4) All semen from every semen-producing business shall collection
be collected, identified and processed only under the super-
vision of semen processing supervisors who are in the
employ and under the direction of a Class "A" semen-
producing business.
(5) Every Class "A" semen-producing business shall on of^ge^ces
request provide services to any Class "B" semen-producing
business on such terms and conditions as are reasonable
having regard to all of the circumstances, unless the
Class "B" semen-producing business is in default in respect
of any account for the services of semen processing super-
visors. 1973, c. 119, s. 4.
7. No person shall commence or continue to act as an '-''''•"•^'"R
inseminator or semen processing supervisor without a licence
therefor from the Commissioner. 1973, c. 119, s. 5.
8. A licence may be issued to engage in an inseminating Jg^g^trtcMcms
business or to act as an inseminator throughout Ontario or
in such part thereof as is determined by the Commissioner
and specified in the licence. R.S.O. 1970, c. 30, s. 8.
9. — (1) The Commissioner shall issue a licence to a Licence,
person who makes application therefor in accordance with
this Act and the regulations and pays the prescribed fee
unless, after a hearing, he is of opinion that,
(a) the applicant or, where the applicant is a corpora-
tion, its officers or directors, is or are not com-
petent to carry on the operations that would be
authorized by the licence;
{b) the past conduct of the applicant or, where the
applicant is a corporation, of its officers or directors,
affords reasonable grounds for belief that the
operations that would be authorized by the licence
will not be carried on in accordance with law;
172
Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Sec. 9 (1)
(f) the applicant does not possess or will not have
available all premises, facilities and equipment
necessary to carry on the operations that would be
authorized by the licence in accordance with this
Act and the regulations; or
{d) the applicant is not in a position to observe or
carry out the provisions of this Act and the regu-
lations.
Renewal (2) Subject to section 10, the Commissioner shall renew a
licence on application therefor by the licensee in accordance
with this Act and the regulations and payment of the pre-
scribed fee. 1971, c. 50, s. 9 (2), part.
renew*^^° 10. — (1) The Commissioner may refuse to renew or may
suspension suspend or cancel a licence if, after a hearing, he is of
or cancel- .. . o> .
lation opinion that,
{a) the premises, facilities and equipment used in the
operations authorized by the licence do not comply
with this Act and the regulations;
{b) the licensee or, where the licensee is a corporation,
any officer, director or servant thereof has contra-
vened or has permitted any person under his control
or direction in connection with the operations
authorized by the licence to contravene any pro-
vision of this Act or the regulations or of any other
Act or the regulations thereunder or of any law
applying to the operations authorized by the licence
and such contravention warrants such refusal to
renew, suspension or cancellation of the licence; or
(c) any other ground for refusal to renew, suspension
or cancellation specified in the regulations exists.
Provisional (2) Notwithstanding subsection (1), the Commissioner, by
susponsion, ^ . -1*1 1 * * * n
etc. notice to a licensee and without a hearing, may provisionally
refuse to renew or suspend the licensee's licence where in the
Commissioner's opinion it is necessary to do so for the im-
mediate protection of the safety or health of any animal
and the Commissioner so states in such notice giving his
reasons therefor, and thereafter the Commissioner shall hold
a hearing to determine whether renewal of the licence should
be refused or whether the licence should be further suspended
or cancelled under this Act and the regulations.
Continuation . , r^ , • , . /^, , • i • i
ofiicence (3) Subject to subsection (2), where, within the time pre-
renewa^ scribed or, if no time is prescribed, before expiry of his
Sec. 13 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 173
licence, a licensee has applied for a renewal of his licence
and has paid the prescribed fee and observed or carried out
the provisions of this Act and the regulations, his existing
licence shall be deemed to continue until he has received the
decision of the Commissioner on his application for renewal.
1971, c. 50, s. 9 (2), part.
11^ — (1) The notice of a hearing by the Commissioner Notice of
under section 9 or 10 shall afford to the applicant or licensee
a reasonable opportunity to show or to achieve compliance
before the hearing with all lawful requirements for the issue
or retention of the licence.
(2) An applicant or licensee who is a party to proceedings ^docu°*"°°
in which the Commissioner holds a hearing shall be afforded mentary
Gvidcnc©
an opportunity to examine before the hearing any written or
documentary evidence that will be produced or any report
the contents of which will be given in evidence at the hearing.
1971.C. 50, s. 9 {2), part.
12. Where the Commissioner has refused to issue or renew variation of
or has suspended or cancelled a licence pursuant to a hearing, commls- ^
he may, at any time of his own motion or on the application of ^'°°®'"
the person who was the applicant or licensee, vary or rescind
his decision, but the Commissioner shall not vary or rescind
his decision adversely to the interests of any person without
holding a rehearing to which such person is a party and may
make^uch decision pursuant to such rehearing as he considers
proper under this Act and the regulations. 1971, c. 50, s. 9 (2),
part.
18. — (1) Where the Commissioner refuses to issue or renew Appeal to
Board
or suspends or cancels a licence, the applicant or licensee
may by written notice delivered to the Commissioner and
filed with the Board within fifteen days after receipt of the
decision of the Commissioner appeal to the Board.
(2) The Board may extend the time for the giving of notice J^t*f °J°°
by an applicant or licensee under subsection (1) either before for appeal
or after expiration of such time where it is satisfied that there
are prima facie grounds for appeal and that there are reason-
able grounds for applying for the extension.
(3) Where an applicant or licensee appeals to the Board ^isp^i^
under this section, the Board shall hear the appeal by way of
a hearing de novo to determine whether the licence should be
issued, renewed, suspended or cancelled and may, after the
hearing, confirm or alter the decision of the Commissioner or
174
Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Scc. 13
direct the Commissioner to do any act he is authorized to do
under this Act and as the Board considers proper and, for
such purpose, the Board may substitute its opinion for that
of the Commissioner.
Effect of
decision
pending
disposal
of appeal
(4) Notwithstanding that an apphcant or licensee has
appealed under this section from a decision of the Commis-
sioner, unless the Commissioner otherwise directs, the decision
of the Commissioner is effective until the appeal is disposed
of. 1971, c. 50, s. 9 (2), part.
Parties 14, — (i) The Commissioner, the appellant and such other
persons as the Board may specify are parties to the proceedings
before the Board under this Act.
Members
making
decision not
to have
taken part
in investi-
gation, etc.
(2) Members of the Board assigned to render a decision
after a hearing shall not have taken part prior to the hearing
in any investigation or consideration of the subject-matter
of the hearing and shall not communicate directly or indirectly
in relation to the subject-matter of the hearing with any
person or with any party or his representative except upon
notice to and opportunity for all parties to participate, but
such members may seek legal advice from an adviser inde-
pendent from the parties and in such case the nature of the
advice should be made known to the parties in order that
they may make submissions as to the law.
^tevidence (^) ^^^ ^^^^ evidence taken before the Board at a hearing
shall be recorded and, if so required, copies or a transcript
thereof shall be furnished upon the same terms as in the
Supreme Court.
Findings
of fact
(4) The findings of fact of the Board pursuant to a hearing
shall be based exclusively on evidence admissible or matters
R.s.o. 1980, that may be noticed under sections 15 and 16 of the Statutory
Powers Procedure Act.
484
Only
members
at hearing
to participate
in decision
(5) No member of the Board shall participate in a decision
of the Board pursuant to a hearing unless he was present
throughout the hearing and heard the evidence and argument
of the parties and, except with the consent of the parties, no
decision of the Board shall be given unless all members so
present participate in the decision. 1971, c. 50, s. 9 (2), part.
Appeal to
court
15. — (1) Any party to the hearing before the Board may
appeal from the decision of the Board to the Divisional Court in
accordance with the rules of court.
entftled^to ^^^ ^^^ Minister is entitled to be heard, by counsel or other-
be heard wise, upon the argument of an appeal under this section.
Sec. 17 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 175
(3) The chairman of the Board shall file with the Registrar of ^1%^ ^°
the Supreme Court the record of the proceedings before the Board i° court
which, together with a transcript of the evidence before the
Board, if it is not part of the Board's record, shall constitute the
record in the appeal.
(4) An appeal under this section may be made on any^°^J^®™°f
question that Ts not a question of fact alone and the court appeal
may confirm or alter the decision of the Board or direct the
Commissioner to do any act he is authorized to do under this
Act or may refer the matter back to the Board for reconsidera-
tion by the Board as the court considers proper, and the court
may substitute its opinion for that of the Commissioner or the
Board.
(5) Notwithstanding that an applicant or licensee has f^^gjo^^of
appealed under this section from a decision of the Board, Board
unless the Board otherwise directs, the decision of the Board disposal
is effective until the appeal is disposed of. 1971, c. 50, s. 9 (2), ° *^^*
part.
16. — (1) No person shall sell or offer for sale any semen semen to
produced in Ontario from any male live stock animal from licensed
unless the semen has been collected, identified and processed ^™ "^^^
by a person licensed to engage in a semen-producing business
under section 6.
(2) No f)erson shall sell or offer for sale semen produced f^^^^
outside Ontario from any male live stock animal other than
a person licensed to engage in an inseminating business under
section 6. 1973, c. 119, s. 7.
1 7. The Lieutenant Governor in Council may make regula- Regulations
tions,
(a) prescribing the duties of the Committee ;
{b) providing for the issue, renewal, cancellation, suspen-
sion or revocation of or refusal to issue or renew
licences, and prescribing the fees payable for licences
or the renewal thereof;
(c) prescribing grounds for the refusal to renew, sus-
pension or cancellation of licences in addition to
those grounds referred to in clauses 10 (1) (a) and (b);
id) prescribing forms and providing for their use;
176 Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK See. 17
(e) prescribing requirements and minimum standards for
any semen-producing business or any inseminating
business;
(/) requiring every semen-producing business to conduct
such programs for the proving of the breeding value
of any male live stock animals as the Commissioner
may approve, and prohibiting use of semen from
male live stock animals that have not taken part in
any such program that is required or that have taken
part in such a program but have not met the stan-
dards approved by the Commissioner for the pro-
gram;
(g) prescribing the terms and conditions under which
semen may be obtained from any semen-producing
business;
(h) prescribing the places at which and the conditions
under which semen may be frozen and stored;
(i) prescribing the qualification and duties of insemi-
nators and semen processing supervisors;
ij) prescribing the powers and duties of the Commis-
sioner and inspectors;
(k) providing for grants to semen-producing businesses
and inseminating businesses and prescribing the
terms and conditions upon which such grants may be
paid;
(/) requiring the keeping of prescribed books and records
and the furnishing of prescribed information by the
operators of semen-producing businesses and
inseminating businesses and by inseminators;
(w) providing for the blood-typing of male live stock
animals maintained by a semen-producing business
and of male live stock animals from which semen is
obtained by a semen-producing business;
(n) providing for the verification of parentage of male
live stock animals by blood-typing;
(o) prescribing health standards of male live stock ani-
mals maintained by a semen-producing business and
male live stock animals from which semen is obtained
by a semen-producing business;
Sec. 18 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 177
ip) governing the advertising of semen and the furnishing
of information to the pubUc by any person Ucensed
under this Act;
iq) exempting any person or class of persons from any or
all of the provisions of this Act or the regulations;
(r) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 30, s. 11; 1973, c. 119, s. 8.
18. Every person who contravenes any of the provisions of Offences
this Act or the regulations is guilty of an offence and on con-
viction is liable to a fine of not less than $50 and not more
than $200 for a first offence, and to a fine of not less than
$200 and not more than $500 for a subsequent offence.
R.S.O. 1970, c. 30, s. 12.
I
Sec. 6 (a) arts council Chap. 30 179
CHAPTER 30
Arts Council Act
1. In this Act, Interpre-
' tation
(a) "arts" means the arts of the theatre, hterature, music,
painting, sculpture, architecture or the graphic arts,
and includes any other similar creative or interpreta-
tive activity;
{b) "Council" means the Province of Ontario Council
for the Arts;
(c) "Minister" means the Minister of Culture and
Recreation. R.S.O. 1970, c. 31, s. 1; O. Reg. 53/76.
2. The corporation known as the "Province of Ontario <^°'i°cii
Council for the Arts", consisting of a chairman, a vice-chair-
man and ten other members, is continued. R.S.O: 1970, c. 31,
s. 2.
3. The Lieutenant Governor in Council shall appoint the^PP®*"*^
chairman, the vice-chairman and the other members of the
Council, each of whom shall hold office for a term of three
years, except that, of those first appointed, four shall be
appointed for a term of one year, four for two years, and four
for three years. R.S.O. 1970, c. 31, s. 3.
4. The chairman, the vice-chairman and the other mem- Allowances
, . and expenses
bers of the Council may be paid reasonable travelling and
hving expenses incurred by them while away from their ordinary
places of residence on the business of the Council. R.S.O. 1970,
c. 31, s. 4.
5. A majority of the members of the Council constitutes a Quorum
quorum whether or not a vacancy exists in the membership of
the Council. R.S.O. 1970, c. 31, s. 5.
6. It is the function of the Council and it has power too^^ects
promote the study and enjoyment of and the production of powers
works in the arts, and to such end may,
(a) assist, co-operate with and enlist the aid of organ-
izations whose objects are similar to the objects of
the Council;
180
Chap. 30
ARTS COUNCIL
Sec. 6 ib)
(b) provide through appropriate organizations or other-
wise for grants, scholarships or loans to persons in
Ontario for study or research in the arts in Ontario
or elsewhere or to persons in other provinces or terri-
tories of Canada or any other countries for study or
research in the arts in Ontario;
(c) make awards to persons in Ontario for outstanding
accomplishments in the arts. R.S.O. 1970, c. 31, s. 6.
7. The Council may make by-laws regulating its proceed-
ings and generally for the conduct and management of its
activities. R.S.O. 1970, c. 31, s. 7.
8. The Council shall meet at least four times a year in the
City of Toronto on such days as are fixed by the Council, and
at such other times and places as the Council considers
advisable. R.S.O. 1970. c. 31, s. 8.
9. — (1) The moneys for the purposes of the Council shall
be paid out of the moneys appropriated therefor by the
Legislature.
(2) The Council may acquire money, securities or other
property, real or personal, by gift, devise, bequest or other-
wise, and may expend, administer or dispose of any such money,
securities or other property in the promotion of its objects,
subject to the terms, if any, upon which such money, securities
or other property were given, devised, bequeathed or other-
wise made payable to the Council. R.S.O. 1970, c. 31, s. 9.
commiuee*^ ^^* — (^) The Lieutenant Govemor in Couucil may establish
an investment committee composed of the chairman of the
Council, a member of the Council designated by the Council
and a person appointed by the Lieutenant Governor in Council.
By-laws
Meetings
Funds
Idem
Duties
Audit
Annual
report
(2) The investment committee shall aid and advise the
Council with respect to the investment of any of its moneys
that remain in its hands from time to time. R.S.O. 1970,
c. 31, s. 10.
1 1 . The accounts and financial transactions of the Council
shall be audited annually by the Provincial Auditor, and a
report of the audit shall be made to the Council and to the
Minister. R.S.O. 1970, c. 31, s. 11.
12. The chairman of the Council shall annually file with
the Minister a report upon the affairs of the Council, and the
Minister shall submit the report to the Lieutenant Governor in
Council and shall then lay the report before the Assembly if
it is in session or, if not, at the next ensuing session. R.S.O.
1970, c. 31, s. 12.
Sec. 1 ik) (i) ASSESSMENT Chap. 31 181
CHAPTER 31
Assessment Act
1. In this Act, interpre-
tation
{a) "assessment commissioner" means an assessment
commissioner for a region as established by the
regulations made under this Act ;
ib) "Assessment Review Court" and "Assessment Review
Court established under this Act" mean the Assess-
ment Review Court under the Assessment Review Court R so. i980,
Act;
(c) "assessor" means the assessment commissioner and
anyone acting under his authority;
(d) "collector's roll" means a roll prepared in accordance
with the Municipal Act: R s o. iqso,
c. 302
(e)" "corporation assessment" means the assessment of
land liable to taxation, of which a corporation is the
owner or tenant, and business assessment of a corpora-
tion, but does not include the assessment of land that
is assessed to a person other than a corporation as
a tenant ;
(/) "county" includes a district;
(g) "countv council" includes a provisional county coun-
cil;
{h ) "county court" includes a district court;
(i) "county judge" includes a district judge;
{j) "insurance company" means any company or frater-
nal society or other corporation transacting within
Ontario any class of insurance to which the Insurance ^ f,? ^^^°'
Act applies or is made to apply by any general or
special Act of the Legislature ;
(k) "land", "real property" and "real estate" include,
(i) land covered with water.
c. 249
182 Chap. 31 ASSESSMENT Sec. 1 (k) (ii)
(ii) all trees and underwood growing upon land,
(iii) all mines, minerals, gas, oil, salt quarries and
fossils in and under land,
(iv) all buildings, or any part of any building, and
all structures, machinery and fixtures erected
or placed upon, in, over, under or affixed to
land,
(v) all structures and fixtures erected or placed
upon, in, over, under or affixed to a highway,
lane or other public communication or water,
but not the rolling stock of a transportation
system ;
(/) "loan company" means a loan corporation within
^^'R' ^^*°' ^^^ meaning of the Loan and Trust Corporations
Act;
(m) "locality" means a public school section, a separate
school zone or a secondary school district that com-
prises or includes territory without municipal organ-
ization and includes the board of any of them ;
(«) "Minister" means the Minister of Revenue;
(o) "Ministry" means the Ministry of Revenue;
ip) "municipality" means a city, town, village or township,
and includes a locality for the purpose of making any
assessment required for the levying in a locality of a tax
for school purposes;
iq) "person" includes a corporation, partnership, bridge
authority, agent or trustee, and the heirs, executors,
administrators or other legal representatives of a
person to whom the context can apply according to
law;
(r) "telephone company" includes a person or associa-
tion of persons owning, controlling or operating a
telephone system or line, but not a municipal
corporation ;
(s) "tenant" includes an occupant and the person in
possession other than the owner;
(t) "trust company" means a trust company within the
meaning of the Loan and Trust Corporations Act.
R.S.O. 1970, c. 32, s. 1; 1971, c. 79, s. 1; 1972, c. 1,
s. 89; 1972, c. 125, s. 1 ; 1972, c. 161, s. 1 ; 1974, c. 41,
s. 1; 1980, c. 69, s. 1.
Sec. 3ll3(fl) ASSESSMENT Chap. 31 183
2. — (1) The Minister may make regulations, Regulations
{a) estabhshing assessment areas and assessment regions
for assessment purposes ;
(6) prescribing forms for the purposes of this Act ;
(c) prescribing standards and procedures to be used for
the purpose of equalizing assessments under this
Act;
{d) prescribing the information and returns to be fur-
nished by an assessment commissioner to any county
or to any metropohtan or regional municipality.
(2) The Minister may appoint assessment commissioners Assessment
for assessment regions and in the absence for any reason of sioner and
any assessment commissioner, the Minister may appoint an assessment
acting assessment commissioner who, while so acting, has sioner^^
all the powers and duties of an assessment commissioner.
(3) The appointment of an assessment commissioner shall anointment
be effective for the purposes of this Act upon the publication
of a notice of his appointment in The Ontario Gazette.
(4) An assessment commissioner appointed under subsec- Deemed
. ^^ assessor
tion (2) shall be deemed for the purposes of this and everv'
other Act to be the assessor and assessment commissioner
of and for every municipality and locality in the assessment
region for which he is appointed. R.S.O. 1970, c. 32, s. 2.
3. All real property in Ontario is liable to assessment and Property
, ■ , r , ■ ■ t ■ assessable
taxation, subiect to the following exemptions from taxation : and taxable,
^ or exemptions
1 . Lands or property belonging to Canada or any Prov- c^n^^etc
ince.
2. Property held in trust for a band or body of Indians. J°^°
3. Every place of worship and land used in connection Churches,
therewith and every churchyard, cemetery or bury-
ing ground.
(a) Where land is acquired for the purpose of a
cemetery or burying ground but is not im-
mediately required for such purpose, it is not
entitled to exemption from taxation under this
paragraph until it has been enclosed and
actually and bona fide required, used and
occupied for the interment of the dead.
184
Chap. 31
ASSESSMENT
Sec. 3113 (6)
Public
educational
institutions
Philan-
thropic or
religious
seminaries
Educational
seminaries
(b) The exemption from taxation under this para-
graph does not apply to lands rented or leased
to a church or religious organization by any
person other than another church or religious
organization.
4. The buildings and grounds of and attached to or
otherwise bona fide used in connection with and for
the purposes of a university, high school, public or
separate school, whether vested in a trustee or other-
wise, so long as such buildings and grounds are
actually used and occupied by such institution, but
not if otherwise occupied.
(a) The exemption from taxation under this para-
graph does not apply to lands rented or leased
to an educational institution mentioned in
this paragraph by any person other than
another such institution or a person already
exempt from taxation in respect of the prop-
erty rented or leased.
5. The buildings and grounds of and attached to or
otherwise bona fide used in connection with and for
the purposes of a seminary of learning maintained
for philanthropic or religious purposes, the whole
profits from which are devoted or applied to such
purposes, but such grounds and buildings are exempt
only while actually used and occupied by such
seminary.
6. The buildings and grounds not exceeding in the
whole fifty acres of and attached to or otherwise
bona fide used in connection with and for the pur-
poses of a seminary of learning maintained for
educational purposes, the whole profits from which are
devoted or applied to such purposes, but such grounds
and buildings are exempt only while actually used
and occupied by such seminary, and such exemption
does not extend to include any part of the lands
of such a seminary that are used for farming or
agricultural pursuits and are worked on shares with
any other person, or if the annual or other crops,
or any part thereof, from such lands are sold.
[a) The exemption from taxation under this para-
graph does not apply to lands rented or leased
to a seminary of learning mentioned in this
paragraph by any person other than another
such seminary of learning or a person already
exempt from taxation in respect of the prop-
erty rented or leased.
Sec. 3lll2 ASSESSMENT Chap. 31 185
7. Every public hospital receiving aid under the P"biic
Public Hospitals Act with the land attached thereto, ^^^^^ j^g^
but not land of a public hospital when occupied c. 410
by any person as tenant or lessee.
(a) Land owned and used by such a public hospital
for farming purposes shall be deemed attached
^ — — to the hospital within the meaning of this
paragraph, notwithstanding that it is separ-
ated therefrom by a highway.
8. Every highway, lane or other public communication g^^**^®'
and every public square, but not when occupied by
a tenant or lessee other than a public commission.
9. Subject to section 26, the property belonging to any ?J^°°^^^^i
county or municipality or vested in or controlled by
any public commission or local board as defined by
the Municipal Affairs Act, wherever situate and*^^*^^^^-
whether occupied for the purposes thereof or unoc-
cupied but not when occupied by a tenant or lessee
who is liable to taxation, except property of a
harbour commission used for the parking of vehicles
for which a fee is charged.
10. Property owned, occupied and used solely and only ^oy s«)ut8
by The Boy Scouts Association or The Canadian Guides
Girl Guides Association or by any provincial or local
association or other local group in Ontario that is
a member of either Association or is otherwise
chartered or officially recognized by it.
11. Every industrial farm, house of industry, house of J°^^^^^^
refuge, institution for the reformation of offenders
or for the care of children, boys' and girls' home,
or other similar institution conducted on philan-
thropic principles and not for the purpose of profit
or gain, but only when the land is owned by the
institution and occupied and used for the purposes
of the institution.
12. Land of an incorporated charitable institution organ- f^^^JJ^
ized for the relief of the poor, The Canadian Red
Cross Society, St. John Ambulance Association, or
any similar incorporated institution conducted on
philanthropic principles and not for the purpose of
profit or gain, that is supported, in part at least,
by public funds, but only when the land is owned
by the institution and occupied and used for the
purposes of the institution.
186
Chap. 31
ASSESSMENT
Sec. 31113
Children's
aid societies
R.S.O. 1980,
c. 66
13. The property of a children's aid society discharging
the functions of a children's aid spciety under the
Child Welfare Act, whether held in the name of the
society or in the name of a trustee or otherwise,
if used exclusively for the purposes of and in con-
nection with the society.
Scientific
or literary
institutions,
etc.
14. The property of every public library and other public
institution, literary or scientific, and of every agri-
cultural or horticultural society or association, to
the extent of the actual occupation of such property
for the purposes of the institution or society.
R.S.O. 1980,
c. 14
(a) For the purposes of this paragraph, an agri-
cultural society under the Agricultual Socie-
ties Act shall be deemed to be in actual
occupation where the property of the society
is rented and the rent is applied solely for the
purposes of the society.
Battle sites
Exhibition
buildings of
companies
Machinery
15. Land acquired by a society or association by reason
of its being the site of any battle fought in any war,
and maintained, preserved and kept open to the
public in order to promote the spirit of patriotism.
16. The land of every company formed for the erection
of exhibition buildings to the extent to which the
council of the municipality in which such land is
situate consents that it shall be exempt.
17. All machinery and equipment used for manufactur-
ing or farming purposes or for the purposes of a
concentrator or smelter of ore or metals, including
the foundations on which they rest, but not includ-
ing machinery and equipment to the extent that it
is used, intended or required for lighting, heating
or other building purposes or machinery owned,
operated or used by a transportation system or by
a person having the right, authority or permission
to construct, maintain or operate within Ontario
in, under, above, on or through any highway, lane
or other public communication, public place or
public water, any structure or other thing, for the
purposes of a bridge or transportation system, or for
the purpose of conducting steam, heat, water, gas,
oil, electricity or any property, substance or product
capable of transportation, transmission or convey-
ance for the supply of water, light, heat, power or
other service.
Sec. 4 ASSESSMENT Chap. 31 187
18. All machinerv' and equipment including the foun- J!^*^'**"®'^
dations on which they rest to the extent and in Producing
the proportion used for producing electric pK)wer power
for sale to the general public but not including
any other buildings, structures, structural facilities
or fixtures used in connection therewith.
19. One acre used for forestry purposes for every ten ^°'"®^*''"y
, . . . . ■' purposes
acres of the farm m one municipality under a single
ownership but not more than twenty acres in all,
and, where the total acreage consists of more than
one separately assessed parcel, the assessor shall
treat all such parcels as one parcel for the purpose
of determining the exemptions under this paragraph
and shall apportion the exemption to each parcel
in the ratio of the acreage of each parcel used or
partly used for forestry purposes to the total acreage
of all parcels used or partly used for forestry
purposes.
20. The buildings, plant and machiner>' under mineral ^*^^f^^*"*^
land and the machinery in or on such land only
to the extent and in the proportion that such
buildings, plant and machinery are used for obtain-
ing minerals from the ground, and ail minerals,
other than diatomaceous earth, limestone, marl,
peat, clay, building stone, stone for ornamental
or decorative purposes, or non-auriferous sand or
gravel, that are in, on or under land.
21. All the machinery, plant and appliances, wherever Certam
situate, and all structures placed on, over, under or telephone
affixed to any highway, lane or other public com-teitgraph
munication, public place or water so long as such companies
machinery, plant, appliances or structures are used
by any telephone or telegraph company in connec-
tion with and as part of the operations of its telephone
or telegraph business, and in this paragraph "tele-
graph company" includes a person or association of
persons owning, controlling or operating a telegraph
system or line, but does not include a municipal
corporation owning, controlling or operating a tele-
graph system or line. R.S.O. 1970, c. 32, s. 3; 1972,
c. 1, s. 104 (6) ; 1973, c. 26, s. 1 ; 1974. c. 41, s. 2.
4. The council of any local municipality may pass by-laws ^reTigioM
exempting from taxes, other than school taxes and local institutiona
improvement rates, the land of any religious institution named
in the by-law, provided that the land is owned by the
institution and occupied and used solely for recreational
purposes, on such conditions as may be set out in the by-law.
R.S.O. 1970, c. 32, s. 4.
188
Chap. 31
ASSESSMENT
Sec. 5
Where land
ceases to be
used for
forestry
purposes
6. The council of a town, village or township may by
by-law provide that, if any part of a farm exempted under
paragraph 19 of section 3 ceases to be used for forestry purposes so
as not to come within the purview of such paragraph, the assessor
shall so report to the clerk and that the clerk shall forthwith amend
the collector's roll by inserting therein,
(a) the rates or taxes with which the farm would have
been chargeable for the preceding three years if such
part of the farm had not been exempt ; or
(b) such portion of such rates or taxes as the by-law
may provide or the council may by resolution deem
proper,
and such rates or taxes or portion thereof are collectable in
accordance with such amended roll. R.S.O. 1970, c. 32, s. 5.
Exemption Q^ Xhe council of any local municipality may pass by-laws
League exempting from taxes, other than school taxes and local
improvement rates, the land belonging to and vested in the
Navy League of Canada under such conditions as may be
set out in the by-law, so long as the land is occupied and
used solely for the purposes of carrying out the activities
of the Ontario division of the Navy League. R.S.O. 1970,
c. 32, s. 6.
Business
assessment
7. — (1) Irrespective of any assessment of land under this
Act, every person occupying or using land for the purpose
of, or in connection with, any business mentioned or described
in this section, shall be assessed for a sum to be called
"business assessment" to be computed by reference to the
assessed value of the land so occupied or used by him as
follows :
[a) Every person carrying on the business of a distiller
for a sum equal to 140 per cent of the assessed
value of the land occupied or used by him for such
business exclusive of any portion of such land occu-
pied or used by him for the distilling of alcohol
solely for industrial purposes and for a sum equal
to 75 per cent of the assessed value as to such
last-mentioned portion.
(6) Every person carrying on the business of a whole-
sale merchant, brewer, .insurance company, loan
company, trust company, express company carrying
on business on or in connection with a railway or
Sec. 7 (1) (/) (i) ASSESSMENT Chap. 31 189
steamboats or other vessels, land company, loaning
land corporation, bank, banker or any other finan-
cial business for a sum equal to 75 per cent of the
assessed value.
(c) Every person carrying on the business of selling or
distributing goods, wares and merchandise through
- a chain of more than five retail stores or shops in
Ontario, directly or indirectly owned, controlled or
operated by him, for a sum equal to 75 per cent
of the assessed value of the land occupied or used
by him in such business for a distribution premises,
storage or warehouse for such goods, wares and
merchandise, or for an office used in connection
with such business.
(d) Every person carrying on the business of a manu-
facturer, including the business of a flour miller,
maltster, a concentrator or smelter of ore or metals,
and the business of obtaining minerals from the
ground, for a sum equal to 60 per cent of the
assessed value, provided that a manufacturer is
not liable to business assessment as a wholesale
merchant by reason of his carrying on the business
of selling by wholesale the goods of his own
manufacture on such land.
(e) Every person carrying on the business of selling
goods or services through a chain of more than five
stores, shops or outlets in Ontario, except a hotel
or motel, for a sum equal to 50 per cent of the assessed
value.
(/) Every person,
(i) practising or carrying on the business of a
barrister, solicitor, notary public, convey-
ancer, physician, surgeon, oculist, optometrist,
ophthalmic dispenser, physiotherapist, podia-
trist, aurist, dentist or veterinarian, or a civil,
mining, consulting, mechanical or electrical
engineer, surveyor, contractor, builder, adver-
tising agent, private investigator, employment
agent, accountant, assignee, auditor, osteo-
path, chiropractor, massagist, architect and
every person carrying on a financial or com-
mercial business or any other business as
agent, or
190 Chap. 31 ASSESSMENT Sec. 7 (1) (/) (ii)
(ii) carrying on the business of operating a radio
or television broadcasting station, or
(iii) carrying on business as the pubhsher of a
newspaper, or a photographer, lithographer,
printer or publisher, or
(iv) carrying on the business of a department store,
for a sum equal to 50 per cent of the assessed value.
(g) Every person carrying on the business of,
(i) a telegraph or telephone company, or
(ii) a transportation system, other than one for
the transportation or transmission or distri-
bution by pipe line of crude oil or liquid or
gaseous hydrocarbons or any product or by-
product thereof or natural or manufactured
gas or liquefied petroleum gas or any mixture
or combination of the foregoing, or
(iii) the transmission of water or of steam, heat
or electricity for the purposes of light, heat
or power,
for a sum equal to 30 per cent of the assessed value
of the land, except a highway, lane or other public
communication or public place or water or private
right of way, occupied or used by such person,
exclusive of the value of any machinery, plant or
appliances erected or placed upon, in, over, under
or affixed to such land.
(h) Every person carrying on the business of trans-
portation, transmitting or distributing by pipe line
crude oil or liquid or gaseous hydrocarbons or any
product or byproduct thereof or natural or manu-
factured gas or liquefied petroleum gas or any mix-
ture or combination of the foregoing, for a sum
equal to 30 per cent of the assessed value of the land
excluding any pipe line liable to assessment under
section 23 or 24.
(i) Every person carrying on the business of a car park,
for a sum equal to 25 per cent of the assessed value.
Sec. 7 (6) ASSESSMENT Chap. 31 191
(j) Every person carrying on any business not specially
mentioned before in this section, for a sum equal to
30 per cent of the assessed value. R.S.O. 1970, c. 32
s. 7(1); 1974. c. 41, s. 3.
(2) Irrespective of any assessment of land or of anv Employee
1- • X J ^i- • A ^ , • parking lots
busmess assessment under this Act, every person who is
liable to be assessed for business assessment and who provides
without charge parking facilities for the vehicles of his em-
ployees shall be assessed for a sum (to be called business
assessment) equal to 25 per cent of the assessed value of the
land so used for employee parking that is reasonably neces-
sary for such purpose as determined by the assessor, but
such person shall not otherwise be assessable for business
assessment in respect of such land.
(3) Irrespective of any assessment of land or of any shared
DSLrkintf lots
business assessment under this Act, every person carrying
on business in one of a group of premises in which business
is carried on where land for parking is made available by the
owner of the land, or by anyone claiming under him, with-
out charge to customers of or persons having business in
one of such premises in such group in common with the
customers of or persons having business with the occupants
of other such premises in the group shall be assessed for a
sum (to be called business assessment) equal to 25 per cent
of the assessed value of that portion of the land made
available for parking which is in the proportion to the whole
of the land so made available that the assessed value of his
premises is to the total assessed value of the premises occupied
by the group exclusive of the land made available for parking.
(4) Every person assessed for business assessment is liable Tax not
for the payment of tax thereon and the tax assessed does on land
not constitute a charge upon the land.
(5) Where a manufacturer also carries on the business of a Transporta-
^ ' . tionofgas.
transportation system for the transportation or transmission etc. by pipe
J- J. -1- X- iT • 1- J J I 1- -J linebymanu-
or distnbution by pipe line of crude oil or liquid or gaseous facturer
hydrocarbons or any product or byproduct thereof or natural
or manufactured gas or any mixture or combination of the
foregoing, he shall not be assessed for business assessment as
a manufacturer in resf)ect of such transportation system.
(6) Wherever in this section general words are used for ^^g^°^
the purpose of including any business that is not expressly words
mentioned, such general words shall be construed as including
any business not expressly mentioned, whether or not such
192
Chap. 31
ASSESSMENT
Sec. 7 (6)
business is of the same kind as or of a different kind from
those expressly mentioned.
Persons
carrying on
more than
one class of
business
(7) Subject to subsection (8), no person shall be assessed
in respect of the same premises under more than one of the
clauses of subsection (1), and, where any person carries on more
than one of the kinds of business mentioned in that subsec-
tion on the same premises, he shall be assessed by reference
to the assessed value of the whole of the premises under
that one of those clauses in which is included the kind of
business that is the chief or preponderating business of those
so carried on by him in or upon such premises.
Retailing
by manu-
facturer
(8) Where a manufacturer also carries on the business of
a retail merchant, he shall be assessed as a retail merchant
in respect of any premises or of any portion of any premises
that are occupied and used by him solely and only for the
purpose of such business.
Where
land used
partly for
business
and for
residence
(9) Where any person mentioned in subsection (1) occupies
or uses land partly for the purpose of his business and partly
for the purpose of a residence, he shall be assessed under
this section only in respect of the part occupied mainly for
the purpose of his business.
Farmers,
etc.
(10) No person occupying or using land as a rooming house,
apartment house, farm, market garden, nursery or apiary or
for the raising of animals for the production of fur is liable
to business assessment in respect of such land.
R.S.O. 1980,
c. 208
{a) In this subsection, "rooming house" means any house
or building or portion thereof in which the pro-
prietor supplies lodging, for hire or gain, to other
persons with or without meals in rooms furnished by
the proprietor with necessary furnishings, and does
not include a hotel, as defined in the Hotel Registra-
tion of Guests Act.
assessment (^^^ Where the amount of the assessment of any person
assessable under this section would under the foregoing
provisions be less than $100 he shall be assessed for the
sum of $100. R.S.O. 1970, c. 32, s. 7 (2-11).
Assessment j$. — (1) Where an easement is appurtenant to any land,
of easements . , ,, ' , . . . f r i i i
it shall be assessed m connection with and as part of the land
at the added value it gives to the land as the dominant
tenement, and the assessment of the land that, as the servient
Sec. 10 (2) ASSESSMENT Chap. 31 193
tenement, is subject to the easement shall be reduced
accordingly.
(2) Where land is laid out and used as a lane and is sub- Lanes used
. 1-1 f i/~-, -.as right of
ject to such rights of way as prevent any beneficial use of it way
by the owner, it shall not be assessed separately, but its
value shall be apportioned among the various parcels to which
the right of way is appurtenant and shall be included in the
assessment of such parcels and in such cases the assessor
shall return the land so used a? "Lane not assessed"
(3) A restrictive covenant running with the land shall be Restrictive
111 • 1 • 1 • f 1 • covenant
deemed to be an easement within the meaning of this sec-
tion. R.S.O. 1970, c. 32, s. 12.
9. — (1) An assessor, and anv assistant of and designated i^i^^t of
access
by an assessor, upon producing proper identification, shall
at all reasonable times and upon reasonable request be given
free access to all land and to all parts of every building,
structure, machinery and fixture erected or placed upon, in,
over, under or affixed to the land, for the purpose of making
a proper assessment thereof or of making a proper business
assessment in respect thereof. R.S.O. 1970, c. 32, s. 13 (1).
(2) Every adult person present on land when any person ^°^°""*"°°
referred to in subsection (1) visits the land in the performance
of his duties shall upon request give to such person all the
information in his knowledge that will assist such person to
make a proper assessment of the land and every building,
structure, machinery and fixture erected or placed upon, in,
over, under or affixed to the land, to make a proper business
assessment in respect thereof, and to obtain the information
he requires with respect to any person whose name he is
required to enter on the assessment roll or concerning whom
he is required to obtain any information for the purpose of
the census required by section 14. R.S.O. 1970, c. 32,
s. 13 (2); 1974, c. 41, s. 4.
10. — (1) Where an assessor has visited land for the purpose where
cLSSG sso r
of making a proper assessment thereof or a proper business unable to
assessment in respect thereof and has been unable to obtain information
all information necessary for such purpose, he may deliver
or cause to be delivered or mailed to the address of any
person, whether resident in the municipality or not, who is
or may be assessed in respect of the land, a questionnaire
or questionnaires in writing demanding information as pre-
scribed by the regulations. R.S.O. 1970, c. 32, s. 14 (1);
1972, c. 125, s. 3.
(2) Every person to whom any questionnaire is delivered J®^^°5
or mailed shall, within ten days after the delivery or mailing, naire
194
Chap. 31
ASSESSMENT
Sec. 10 (2)
Proviso
Assessor
not bound
by returns
enter thereon in the proper places all the information required
thereby that is within his knowledge and sign and deliver
or mail the questionnaires to the assessment commissioner or
assessor whose name and address appear on the questionnaire.
(3) Except as provided in this or any other section of this
Act, no person rhay be required by an assessment commis-
sioner, assessor or other person to furnish information with
respect to the assessment of land, business or persons or
with respect to the census. R.S.O. 1970, c. 32, s. 14 (2, 3).
1 1 . The assessor is not bound by any statement delivered
under section 9 or 10 nor does it excuse him from making
due inquiry to ascertain its correctness, and, notwithstanding
any such statement, the assessor may assess every person for
such amount as he believes to be just and correct, and may
omit his name or any land that he claims to own or occupy,
if the assessor has reason to believe that he is not entitled
to be placed on the roll or to be assessed for such land.
R.S.O. 1970, c. 32, s. 15.
Offence
for not
furnishing
information
12. — (1) Every person who, having been required to
furnish information under section 9 or 10 makes default
in delivering or furnishing it and any corporation that makes
default in delivering the statement or notice mentioned in
section 24 or 29, is guilty of an offence and on conviction is liable to
a fine of not more than $100 and an additional fine of $10 for each
day during which default continues. R.S.O. 1970, c. 32, s. 16
(1); 1974, c. 41, s. 5.
for false
statement
(2) Every person who knowingly states anything false
in any such statement or in furnishing such information
is guilty of an offence and on conviction is liable to a fine of not
more than $200.
(3) Every
who wilfully obstructs or interferes
for ,. (3) Jfcvery person
obstructing . ^ . , . . / . ,
assessor, etc. with any person referred to in subsection 9 (1) in the performance
of any of his duties or the exercise of his rights, powers and
privileges under this Act is guilty of an offence and on conviction is
liable to a fine of not more than $200. R.S.O. 1970, c. 32, s. 16
(2, 3).
Assessment
roll content
13. — (1) The assessment commissioner shall cause to be
prepared an assessment roll for each municipality in the
region for which he is the assessment commissioner and,
in such preparation, shall cause to be set down the following
particulars :
1. A description of the property sufficient to identify
it.
Sec. 13(2)1fl ASSESSMENT Chap. 31 195
2. The name and surnames, in full, if they can be
ascertained, of all persons who are liable to assess-
ment in the municipality whether they are or are
not resident in the municipality.
3. The amount assessable against each person opposite
his name and where there is both owner and tenant,
both names shall be entered on the roll.
4. Whether the person is an owner or tenant.
5. Number of acres, or other measures showing the
extent of the land.
6. Market value of the parcel of land.
7. Amount of taxable land.
8. Value of land if liable for school rates only.
9. Value of land exempt from taxation.
10. Assessment for real property mentioned in subclauses 1
(1) (c) (i) and (iii) of the Ontario Unconditional Grants R so. i98o,
Act. " '''
11. Percentage applied in determining the amount of
business assessment under section 7.
12. Residential assessment.
13. Professional and commercial assessment.
14. Manufacturing and industrial assessment.
15. Farm assessment.
16. Corporations assessment, by inserting the letter
"C" where applicable. 1972, c. 125, s. 4 (1).
(2) The following provisions shall be observed in the Preparation
preparation of the assessment roll:
1. No assessment shall be made against the name of
any deceased person, but, when the assessor is
unable to ascertain the name of the person who
should be assessed in lieu of the deceased person,
he may enter, instead of such name, the words
"Representatives of A.B., deceased" {giving the
name of the deceased person).
196
Chap. 31
ASSESSMENT
Sec. 13 (2)112
2. Each subdivision shall be assessed separately, and
every parcel of land (whether a whole subdivision or
a portion thereof, or the whole or a portion of a
building thereon) in the separate occupation of any
person shall be separately assessed ; provided that no
portion of any building used or intended to be used
as a residence shall be separately assessed unless
it is a domestic establishment of two or more
rooms in which the occupants usually sleep and
prepare and serve meals.
3. Where a block of vacant land subdivided into
lots is owned by the same person, it may be entered
on the roll as so many acres of the original block
or lot if the numbers and description of the lots
into which it is subdivided are also entered on the
roll. R.S.O. 1970, c. 32, s. 17(2).
Apportion-
ment of
value of
multiple
occupancy
(3) The value of an assessment of an entire parcel
of real property that is occupied by more than one
person to be assessed under this Act shall be apportioned
on the assessment roll among the occupants of the entire
real property who are to be assessed in that proportion that
the fair market rent of the space occupied by each occupant
bears to the fair market rent of the entire parcel of real
property so that the sum of the values apportioned to each
occupant shall be equal to the value of the assessment
of the entire parcel of real property. 1974, c. 41, s. 6.
Census
R.S.O. 1980,
c. 308
14. The assessment commissioner shall in each year,
commencing on the Tuesday following the first Monday of
September and ending on the 30th day of September, cause
a census to be taken of the inhabitants of each munici-
pality and locality in his region, which shall include school
support and such other information as may be prescribed
by the Lieutenant Governor in Council, and a list showing
the school support of every inhabitant who is entitled to
direct taxes for school support purposes for each munici-
pality and locality shall be delivered by the assessment
commissioner to the clerk of the municipality and to the
secretary of each school board in the municipality and the
locality on or before the second Tuesday of October of the
year in which the census is taken and such census shall be
the enumeration referred to in the Municipal Elections Act.
1972, c. 125, s. 6; 1973, c. 26, s. 2.
Alternative
period for
taking of
census
15. The Lieutenant Governor in Council may by regu-
lation require that, in any part of Ontario where a census under
section 14 is to be taken, the census, instead of being taken
Sec. 17 (1) (a) (hi) assessment Chap. 31 197
during the period provided for in section 14, shall be taken
during such other period in the year as is specified in the
regulation. 1973, c. 26, s. 3.
16. — (1) Subject to section 17, land shall be assessed Land to be
&S86SS6Q
against the owner thereof and against the tenant to the extent against
of the assessed value of the portion of the land occupied by tenant*"
the tenant. 1974, c. 41, s. 7.
(2) Land held by a trustee, guardian, executor or ad- Land held
Dv trustcGS
ministrator shall be assessed against him as owner or tenant etc.
thereof, as the case may require, in the same manner as
if he did not hold the land in a representative capacity,
but the fact that he is a trustee, guardian, executor or
administrator shall, if known, be stated in the roll, and such
trustee, guardian, executor or administrator is only personally
liable when and to such extent as he has projjerty as such
trustee, guardian, executor or administrator, available for
payment of such taxes. R.S.O. 1970, c. 32, s. 24 (8).
1 7. — (1) Notwithstanding paragraph 1 of section 3, the tenant Assessment
of land owned by the Crown where rent or any valuable consider- lands
ation is paid in respect of such land and the owner of land in which
the Crown has an interest and the tenant of such land where rent
or any valuable consideration is paid in respect of such land shall
be assessed in respect of the land in the same way as if the land was
owned or the interest of the Crown was held by any other person.
{a) For the purposes of this subsection,
(i) "tenant", in addition to its meaning under
section 1, also includes any person who uses
land belonging to the Crown as, or for the
purposes of, or in connection with, his
residence, irrespective of the relationship
between him and the Crown with respect to
such use,
(ii) "residence" means a building or part of a
building used as a domestic establishment
and consisting of two or more rooms in
which persons usually sleep and prepare
and serve meals,
(iii) "rent or any valuable consideration" shall
be deemed to have been paid, in the case of an
employee using land belonging to the Crown
as a residence, where there is a reduction
198
Chap. 31
ASSESSMENT
Sec. 17 (1) (a) (iii)
in or deduction from the salary, wages,
allowances or emoluments of the employee
because of such use or where such use is
taken into consideration in determining the
employee's salary, wages, allowances or emolu-
ments. R.S.O. 1970, c. 32, s. 26 (1).
Tenant's
interests
maybe
sold
R.S.O, 1980,
c. 302
(2) In addition to the liability of every person assessed
under subsection (1) to pay the taxes assessed against him,
the interest in such land, if any, of every person other
than the Crown is subject to the special lien on land for
taxes given by the Municipal Act and is liable to be sold
or vested in the municipality for arrears of taxes. R.S.O.
1970, c. 32, s. 26 (3); 1973, c. 26, s. 4 (2).
Application
to timber
licensees.
etc.
R.S.O. 1980,
c. 109
(3) This section does not apply to the interest of a timber
licensee, lessee, grantee or concessionaire in a licence, lease or
agreement issued under the Crown Timber Act , or to any right in
timber cut or to be cut by the holder of, or party to, such licence,
lease or agreement, or to such improvements or equipment as
lumber camps, tote roads, telephone lines, hoists, logging rail-
ways, dams or booms that may be used only temporarily in
connection with logging or lumbering operations conducted under
such licence, lease or agreement. R.S.O. 1970, c. 2>2, s. 26 (4).
Assessment
of land
18. — (1) Subject to this section, land shall be assessed
at its market value.
\_.
Market
value
(2) Subject to subsection (3), the market value of land
assessed is the amount that the land might be expected
to realize if sold in the open market by a willing seller
to a willing buyer.
Farm
lands and
buildings
(3) For the purposes of subsection (2), in ascertaining the
market value of farm lands used only for farm purposes
by the owner thereof or used only for farm purposes by a
tenant of such an owner and buildings thereon used solely
for farm purposes, including the residence of the owner or tenant
and of his employees and their families on the farm lands,
consideration shall be given to the market value of such
lands and buildings for farming purposes only, and in deter-
mining such market value consideration shall not be given to
sales of lands and buildings to persons whose principal
occupation is other than farming.
^JfI^^(«o (4) Where the owner of farm lands entitled to the benefit
owner dies ,. ,
or retires of subsection (3) dies or retires, the market value of the lands
Sec. 18 (8) ASSESSMENT Chap. 31 199
and buildings in respect of which subsection (3) applies shall
be ascertained in the manner provided in subsection (3) in
assessing such lands during the period the lands are held
by him after his retirement or held by his estate after his
death, but in no case beyond the two years immediately
following the owner's death or retirement unless such
lands are occupied by the surviving spouse of the deceased
owner or by the retired owner. R.S.O. 1970, c. 32, s. 27 (1-4).
(5) When an appeal has been taken in respect of the cissess- Effect of
£tSS6S8IT16nt^
ment of farm lands mentioned in subsection (3) from the determined
decision of the Assessment Review Court, the assessment as°°*'^*^
finally determined on appeal shall remain fixed in respect
of the same lands and buildings for a period of two years
after the year in respect of which such appeal was taken
so long as the lands and buildings are owned by a person
whose principal occupation is fanning, but this subsection
does not apply to prevent a different assessment of any
farm lands in any year in which a different assessment
generally is made of lands in the municipality in which the
farm lands are situated. R.S.O. 1970, c. 32, s. 27 (5) ;
1973, c. 26, s. 5.
(6) Land that has been planted for forestation or re- deforested
forestation purposes shall not be assessed at a greater
value by reason only of such planting. R.S.O. 1970, c. 32,
s. 27 (6).
(7) Land used as woodlands or orchards shall not beWoodian(te
^ ' . . . , , , , or orchards
assessed at a greater value by reason of the presence of the
trees thereon nor shall it be assessed at a lesser value by
reason of the removal of the trees. 1971, c. 79, s. 3 (1).
(8) In subsection (7), "woodlands" means lands having not^^^e^re-
less than 400 trees per acre of all sizes, or 300 trees measuring woodlands
over two inches in diameter, or 200 trees measuring over
five inches in diameter, or 100 trees measuring over eight
inches in diameter (all such measurements to be taken at
four and one-half feet from the ground) of one or more
of the following kinds: white or Norway pine, white or
Norway spruce, hemlock, tamarack, oak, ash, elm, hickory,
basswood, tulip (white wood), black cherry, walnut, butter-
nut, chestnut, hard maple, soft maple, cedar, sycamore,
beech, black locust, or catalpa, or any other variety that
may be designated by order in council, and which lands
have been set apart by the owner with the object chiefly,
but not necessarily solely, of fostering the growth of the
trees thereon and that are fenced and not used for grazing
purposes. R.S.O. 1970, c. 32, s. 27 (8).
200
Chap. 31
ASSESSMENT
Sec. 18 (9)
Interpre-
tation,
orchards
Business
assessment
(9) In subsection (7), "orchards" means lands having an
area of at least one-half acre on which there are at least
thirteen fruit trees and on which the number of fruit trees
bears a proportion to the area of at least twenty-six fruit
trees per acre, of one or more of the following kinds: apple,
cherry, grape vine, peach, apricot, pear, plum, and such
other fruit-producing trees, shrubs or vines as may be designated
by order in council. 1971, c. 79, s. 3 (2).
19. — (1) Every person occupying mineral land for the pur-
pose of any business other than mining is liable to business
assessment as provided by section 7.
Petroleum
mineral
rights
Minerals
and surface
rights
becoming
vested in
one owner
(2) Where in any deed or conveyance of lands heretofore
or hereafter made, the petroleum mineral rights in the lands
have been or are reserved to the grantor, such mineral rights
shall be assessed at their market value. R.S.O. 1970,
c. 32, s. 28 (2, 3).
(3) Where any estate in mines, minerals or mining rights
has heretofore or may hereafter become severed from the
estate in the surface rights of the same lands, whether by
means of the original patent or lease from the Crown, or
by any act of the patentee or lessee, his heirs, executors,
administrators, successors or assigns, such estates after being
so severed shall thereafter be and remain for all purposes
of taxation and assessment separate estates notwithstand-
ing the circumstances that the titles to such estates may
thereafter be or become vested in one owner. R.S.O. 1970,
c. 32, s. 28 (7).
Exemption 20. — (1) In any municipality where lands held and used
lands from as farm lands only and in blocks of not less than five
certain acres by any one person are not benefitted to as great an
expen i ures ^^^^^^ ^ty the expenditure of moneys for and on account of
public improvements, of the character hereinafter mentioned,
in the municipality as other lands therein generally, the
council shall annually before the 1st day of March pass a
by-law declaring what part, if any, of such lands are exempt or
partly exempt from taxation for the expenditures of the muni-
cipality incurred for waterworks, fire protection, garbage
collection, sidewalks, pavements or sewers, or the light-
ing, oiling, tarring, treating for dust or watering of the streets,
regard being had in determining such exemption to any
advantage, direct or indirect, to such lands arising from such
expenditures or any of them.
Notice
(2) The clerk shall forthwith notify by registered mail
each person affected by the by-law as to what exemption is
provided for his lands by the by-law.
Sec. 21 (3) ASSESSMENT Chap. 31 201
(3) Any person complaining that the by-law does not^P^^*\_
exempt him or sufficiently exempt him or his lands from^jyiaw
taxation may, within fourteen days after the mailing of the
notice, notify the clerk of the municipality and the secretary
of the Ontario Municipal Board of his intention to appeal
against the provisions of the by-law, or any of them, to the
Ontario Municipal Board which has power to alter or
vary any or all of the provisions of the by-law and to
determine the matter of complaint in accordance with the
spirit and intent of this section. R.S.O. 1970, c. 32, s. 29 (1-3).
(4) If the council fails to pass the by-law before the^gp®*!^^
1st day of March, any person affected may, on or before the^y-iaw
D£LSS6d
21st day of March, notify the clerk of the municipality
and the Ontario Municipal Board of his intention to appeal
to the Ontario Municipal Board, and, upon such an appeal
being taken, the Ontario Municipal Board may make an order
declaring what part, if any, of the lands of the person appeal-
ing is exempt or partly exempt from taxation, and such order
when published in The Ontario Gazette shall be deemed to be the
by-law of the council as if passed under subsection (1) except
that there shall be no appeal therefrom under subsection
(3). 1972, c- 125, s. 8.
(5) Nothing in this section shall be deemed to prevent ^sse^ment
or affect any right of appeal against an assessment. R.S.O. affected
1970, c. 32, s. 29 (5).
21. — (1) Section 20 applies to a police village so that Exemption
r 1 J • 1 • 1 1 1 of farm
larm lands situate therein may be exempted or partly lands in
exempted from taxation in the same manner, to the same villages
extent, and for the purposes mentioned in that section.
(2) The trustees or board of trustees of a police village Exemption
have power to and shall pass bv-laws as provided for in be passed
• ir.-ir • 111 111 by trustees
section 20 and forthwith after passing the by-law shall of police
furnish a certified copy thereof to the clerk of the township^ ^^
or townships in which the police village or any part thereof
is situate, and all notices to be given under that section
shall be given to the trustees or board of trustees of the
police village instead of to the clerk of the municipality.
R.S.O. 1970, c. 32. s. 30 (1, 2).
(3) The trustees or board of trustees of a police village Notk»o^
shall notify the clerk of the township or townships, in which and of^^^^^
the police village or any part thereof is situate, of any be given to
decision of the Ontario Municipal Board in respect of lands clerk
in the police village made under section 20 forthwith after
it is received. R.S.O. 1970, c. 32, s. 30(3); 1972, c. 125,
s. 9(1).
202
Chap. 31
ASSESSMENT
Sec. 21 (4)
Application
of by-law
by township
council in
striking
rates
(4) The provisions of every by-law of a police village
passed under the authority of this section, and of every
decision of the Ontario Municipal Board with respect to such
police village, shall be made applicable by the council of
the township or townships in which the police village or
any part thereof is situate in striking the rates to be levied
in or for the purposes of the police village. R.S.O. 1970,
c. 32, s. 30(4); 1972, c. 125; s. 9(2).
Agreement
for fixed
assessment
for golf
course
22. — (1) Any local municipality may enter into an agree-
ment with the owner of a golf course for providing a fixed
assessment for the land occupied as a golf course, but not
including the part of the land actually occupied by any
building or structure or such building or structure, to apply
to taxation for general, school and special purposes, but not
to apply to taxation for local improvements.
munfcipai (^) Where a golf course has a fixed assessment under an
officials; agreement under subsection (1),
assessment
(a) the gOlf course shall be assessed each year as if it
did not have a fixed assessment ;
{b) the treasurer shall calculate each year what the
taxes would have been on the golf course if it did
not have a fixed assessment ;
record
(c) the treasurer shall keep a record of the difference
between the taxes paid each year and the taxes
that would have been paid if the golf course did
not have a fixed assessment and shall debit the
golf course with this amount each year during the
term of the agreement and shall add to such debit
on the 1st day of January in each year such interest
as may be agreed upon on the aggregate amount
of the debit on such date ; and
distribution
of taxes
(d) the taxes paid on the fixed assessment shall be
distributed among the bodies for which the munici-
pality is required to levy in the proportion that the
levy for each body bears to the total levy.
Agreement
to be
registered
(3) Every agreement shall be registered in the proper land
registry office in the county in which the golf course or any part
thereof is located.
Termination (4) When an agreement is for any reason terminated as
ment. as to the whole of the lands in respect of which the fixed
iai^B° assessment is given, the owner shall,
Sec. 23 (1) ASSESSMENT Chap. 31 203
(a) pay to the municipality the amount debited against
the golf course, including the amounts of interest
debited in accordance with clause (2) (c); or
(b) require the municipality to purchase the golf course
for an amount equal to the fixed assessment.
(5) When an agreement is for any reason terminated sl'^^i^^^
to a part of the land in respect of which the fixed assess-
ment is given, the owner shall,
(a) pay to the municipahty that portion of the amount
debited against the golf course, including the
amounts of interest debited in accordance with
clause (2) (c), that is attributable to the portion of the golf
course in respect of which the agreement is terminated;
or
(b) require the municipality to purchase the part of
the golf course in respect of which the agreement is
terminated for an amount equal to the fixed
assessment that is attributable to such part.
(6) Where a golf course has a fixed assessment under an Agreement
agreement under subsection (1), the agreement shall terminate when land
as to the whole or any part of the land in respect of which used as goif
the fixed assessment is given when the whole or any such '^°'^'^^®
part thereof ceases to be occupied for the purposes of a golf
course.
(7) Any agreement may be terminated on the 31st day of Termination
December in any year upon the owner of the golf course ment
giving six months notice of such termination in writing to
the municipality.
(8) Any dispute between the municipality and the owner °^^p"*^
of the golf course in relation to an agreement or this sec-
tion shall be settled by the Ontario Municipal Board, and
the decision of the Board is final. R.S.O. 1970, c. 32, s. 31.
23. — (1) The property bv subclause 1 (k) (v) declared to be Assessment
LCI mi- 1 , ' ' • . • of lands of
land that is owned by companies or persons supplying water, water, heat.
heat, light and power to municipalities and the inhabitants there- and trans-
of, and companies and persons operating transportation systems Companies
and companies or persons distributing by pipe line natural gas,
manufactured gas or liquefied petroleum gas or any mixture of any
of them shall, whether situate or not situate upon a highway,
street, road, lane or other public place, when and so long as in
204
Chap. 31
ASSESSMENT
Sec. U (1)
actual use, be assessed at its market value in accordance with
section 18.
Application
of section
(2) This section does not apply to a pipe line as defined
in section 24.
Assessment
of works
extending
into two
or more
munici-
palities
(3) Where the property of any such company or person
extends through two or more municipalities, the portion
thereof in each municipality shall be separately assessed
therein at its value as an integral part of the whole property.
R.S.O. 1970, c. 32, s. 32 (1-3).
Assessment
of struc-
tures, rails,
etc., of
transporta-
tion system
(4) Notwithstanding any other provisions of this Act, the
structures, substructures, superstructures, rails, ties, poles
and wires of such a transportation system are liable to
assessment and taxation in the same manner and to the same
extent as those of a railway are under section 29 and not
otherwise. R.S.O. 1970, c. 32, s. 32 (4); 1974, c. 41, s. 9.
Interpre-
tation
24. — (1) In this section,
(a) "^as" means natural gas, manufactured gas or propane
or any mixture of any of them;
(6) "oil" means crude oil or liquid hydrocarbons or any
product or by-product thereof ;
(c) "pipe line" means, subject to subsection (3), a pipe
line for the transportation or transmission of gas
that is designated by the owner as a transmission
pipe line and a pipe line for the transportation or
transmission of oil, and includes,
(i) all valves, couplings, cathodic protection
apparatus, protective coatings and casings,
(ii) all haulage, labour, engineering and overheads
in respect of such pipe line,
(iii) any section, part or branch of any pipe line.
(iv) any easement or right of way used by a pipe
line company, and
(v) any franchise or franchise right,
but does not include a pipe line or lines situate
Sec. 24 (4)
ASSESSMENT
Chap. 31
205
wholly within an oil refinery, oil storage depot, oil
bulk plant or oil pipe line terminal ;
(d) "pipe line company" means every person, firm
partnership, association or corporation owning or
operating a pipe line all or any part of which is
situate in Ontario. R.S.O. 1970, c. 32, s. 33(1);
- -1973; c. 148, s. 1 (1).
(2) On or before the 1st day of October in each year, the Notice to
pipe line company shall notify the assessment commissioner paiities
of each municipality of the age, length and diameter of all
its transmission pipe lines located in the municipality as of
the 1st day of September of that year. R.S.O. 1970, c. 32,
s. 33 (2); 1974, c. 41, s. 10.
(3) All disputes as to whether or not a gas pipe line is a^^^putes
transmission pipe line shall, on the application of any
intf^rested party, be decided by the Ontario Energy Board
and its decision is final.
(4) Notwithstanding any other provisions of this Act, but Assessment
subject to subsection (6), a pipe line shall be assessed for
taxation purposes at the following rates :
Oil Transmission Pipe Line
Size
of Pipx"
Assessment
per Foot
of Length
%'tor....
1 V4' to 1 >/2' • •
2'and2y2-...
3'
4' and 4y2"--
5' and 5%'. . .
6' and 6%'. . .
8'
nr
Nominal Ins
de Diameter . . .
... $ 1.20
1.45
1.70
2.20
2.70
3.20
3.70
5.90
6.80
12'
8.55
14'...
Outside Diameter
9.20
16'
10.35
18'
11.45
20'
12.45
22'
13.75
24'
14.80
26'
15.70
28'
16.75
30'
17.70
32'
18.65
34'
19.50
36'
20.35
38'
21.35
206
Chap. 31
ASSESSMENT
Field and Gathering Pipe Line
Sec. 24 (4)
Size
of Pipe
Assessment
per Foot
of Length
3/4' to v....
iV to 1 »/2^ .
2" and 21/2"...
3"
Nominal Inside Diameter . . .
. . . 1 .90
1.09
1.31
1.69
4" and 41/2". ••
5" and 5%". . .
6* and 6%" . . .
8'
2.10
2.47
2.89
4.65.
10"
5.44
12"
6.90
Gas Transmission Pipe Line
3/4" tor....
11/4" to 11/2".. •
2" and 21/2"- ■•
3"
4" and 41/2". ••
5" and 5%"...
6" and 6%". . .
8"
Nominal Ins
Outside Dial
de Diam
neter . . .
eter ....
$ 1.20
1.45
1.75
2.25
2.80
3.30
3.85
6.20
10".
12".
14"
7.25
9.20
10.00
16"
V.
11.40
18"
12.75
?0"
14.00
77"
15.65
74"
17.00
76"
18.25
78"
19.70
SO"
21.10
3?"
22.50
34"
23.80
36"
25.15
38"
26.70
R.S.O. 1970, c. 32, s. 33 (3, 4).
Adjustment of (5) The asscssment of pipe lines in each municipality deter-
3,sscssni6nt
mined under subsection (4) shall be adjusted by the application
of the equalization factor in use in the municipality for the
year 1978 pursuant to section 55. 1979, c. 88, s. 1.
Deprecia-
tion of
pipe lines
(6) A pip)e line shall be depreciated at the rate of 5 per
cent of the assessed value of the pipe line every three years
from the year of installation, with a maximum depreciation
of 55 per cent.
Sec. 24 (14) ASSESSMENT Chap. 31 207
(7) A pipe line removed from one location and reinstalled fg*PfJ^°|®
in another location shall, where depreciation is applicable a°d installed
ID. £t]10tll6r
continue to be depreciated at the foregoing rates as though location
remaining in its original location.
(8) A pipe line that has been abandoned in any year ^^doned
ceases to be liable for assessment effective with the assess-
ment next following the date of abandonment.
(9) Where a pipe line has been constructed and used for Reduction
r '^ J. ., ofassess-
the transportation of oil or gas and ceases to be so used menton
by reason of an order or regulation of an authority having ^ ^ °®
jurisdiction in that behalf, other than the taxing authority,
and an application to the proper authority for permission to
abandon such pipe line has been refused, the assessment of
such pipe line shall be reduced by 20 per cent so long as
it is not used for the transportation of oil or gas. R.S.O.
1970, c. 32, s. 33 (6-9).
(10) Where a pipe line is located on, in, under, along or P^^*"^y
across any highway or any lands, other than lands held in of pipe line
trust for a band or body of Indians, exempt from taxation pro^rty*
under this or any special or general Act, the pipe line is
nevertheless liable to assessment and taxation in accord-
ance with this section. R.S.O. 1970, c. 32, s. 33 (10) ; 1973,
c. 26, s. 7.
(11) Notwithstanding the other provisions of this Act ^'^Jji^.
or any other special or general Act, a pipe line liable for
assessment and taxation under this section is not liable for
assessment and taxation in any other manner for municipal
purposes, including local improvements, property and business
taxes, but all other land and buildings of the pipe line
company liable for assessment and taxation under this or
any other special or general Act continue to be so liable.
(12) Where a pipe line extends through two or more ofpf^^ne*^
municipalities, onlv the portion or portions thereof in each extending
. .^ ,. ,r , , r •• 1 into two or
municipalitv are liable for assessment and taxation m that moremuni-
. .'^ ..-^ cipalitles
municipality.
(13) WTiere a pipe line is placed on a boundary' between ^P^^^c^ipai
two municipalities or so near thereto as to be in some boundaries
places on one side and in other places on the other side
of the boundar\' line or on or in a road that lies between
two municipalities, although it ma}' deviate so as in some
places to be wholly or partly within either of them, such
pipe line shall be assessed in each municipality for one-half
of the amount assessable against it under this section.
(14) The assessment of a pipe line under this section Jfo^rty
shall be deemed to be real property assessment and the taxes assessment
208
Chap. 31
ASSESSMENT
Sec. 24 (14)
Review
of rates
Re-
enactment
of table
of rates
Review of
rates under
subs. (16)
Pipes, poles,
wires, etc.,
on boundary
lines
payable by a pipe line company on the assessment of a pipe
line under this section are a lien on all the lands of such
company in the municipality.
(15) The rates set out in subsection (4) shall be reviewed
by the Minister in the year 1983 and every third year there-
after, and in any such year the Lieutenant Governor in
Council may by regulation amend or re-enact the table of rates
set out in subsection (4). R.S.O. 1970, c. 32, s. 33 (11-15).
(16) Notwithstanding any provisions of this section to
the contrary, where, as a result of making a proclamation
under section 70, an assessment at market value is made
of real property in any municipality or in territory without
municipal organization comprised in a locality, the Lieuten-
ant Governor in Council may by regulation,
(a) prescribe rates in lieu of the rates in subsection
(4) to be applied for the taxation of pipe lines in
such municipality or territory ;
(b) where two or more pipe lines occupy the same
right of way, designate the second and subsequent
pipe lines and prescribe the percentage of the
rates as so prescribed at which the second and
subsequent pipe lines are assessable and taxable,
and the rates and percentages of rates as so prescribed
shall apply in such municipality and territory in the year
in which taxation is first levied on the basis of the new
assessment at market value resulting from such a proc-
lamation and in each year thereafter until such rates and per-
centages of rates are altered in accordance with subsection
(17). 1972, c. 1, s. 1; 1973, c. 148, s. 1 (2); 1980, c. 69, s. 2 (1).
(17) Any rates and percentages of rates prescribed under sub-
section (16) shall be reviewed by the Minister in the year 1980 and
in every third year thereafter, and in any such year the Lieutenant
Governor in Council may by regulation prescribe different rates
and percentages of rates to be applicable for the purposes of this
Act. 1980, c. 69, s. 2 (2).
25. Where any structure, pipe, pole, wire or other property
is erected or placed upon, in, over, under or affixed to any
highway forming the boundary line between two local
municipalities, or so that such structure, pipe, pole, wire or
property is in some places on one side and in other places
on the other side of the boundary line, or is on a highway
forming the boundary line between two local municipalities
although it may deviate so as in some places to be wholly
or partly within either of them, it shall be assessed in each
municipality for one-half of the whole assessable value in
Sec. 26 (6) ASSESSMENT Chap. 31 209
both municipahties taken together. R.S.O. 1970, c. 32,
s. 34; 1972, c. 125, s. 10.
2(». — (1) In this section, inter-
pretation
(a) "commission" means the council of a municipal
corporation, or a commission or trustees or other
body, operating a public utility for or on behalf of the
corporation and includes a municipal parking author-
ity established under any general or special Act ;
(b) "public utility" means a public utility as defined
in the Municipal Affairs Act and includes parking R so. iqso,
facilities on land owned by a municipal corporation ^ ^^^
or by a municipal parking authority established
under any general or special Act. R.S.O. 1970, c. 32,
s. 35 (1); 1972, c. 1, s. 104(6).
(2) For the purposes of this section, land and buildings P^°P^®^*y
owned by and vested in a municipal corporation and used vested in
for the purposes of a public utility shall be deemed to be ^""^'"^^^'"^
owned by and vested in the commission operating the public
utility. R.S.O. 1970, c. 32, s. 35 (2).
(3) Every commission shall pay in each year, to any Annual
municipality in which are situated lands or buildings owned by to munici-
and vested in the commission, the total amount that all rates, ^*
except, subject to subsections (4) and (5), rates on business
assessment, levied on the assessment for real property that
is used as a basis for computing business assessment in
that municipality for taxation purposes based on the
assessed value of the land according to the value at which
lands are assessed in the immediate vicinity and the assessed
value of such buildings, would produce. R.S.O. 1970, c. 32,
s. 35(3); 1974, c. 41, s. 11.
(4) The commission shall also pay the amount that the i^em
current rates on business assessment on the lands or buildings
referred to in subsection (3), not including any lands or buildings
referred to in subsection (5), would produce based on the appli-
cable percentage of the assessed value provided for in subsection
(3).
(5) The commission shall also pay the amount that the i^em
current rates on business assessment would produce on lands
and buildings owned or occupied by the commission for
carrying on the business of selling by retail electrical goods,
supplies or appliances.
(6) Notwithstanding section 63 of the Local Improvement J^prove-
Act, the commission shall pay local improvement assess- "^®°^^
r J t- R.S.O. 1980,
ments. c. 2so
210
Chap. 31
ASSESSMENT
Sec. 26 (7)
municipal ^^^ ^^^ payments received under subsections (3), (4) and
general fund (5) shall be credited by the municipality to the general fund of the
municipality.
Assessment ^^^ Subject to subsections (3), (4) and (10), the property on
appeals which payment is to be made under subsections (3), (4) and (5)
shall be assessed according to this Act, and the provisions of this
Act respecting appeals apply.
be*inciuded° (9) The valuation of properties assessed under this section
in equalizing shall be included when equalizine: assessment or apportion-
assessment .... to rr
ing levies for any purpose.
Exemptions (iQ) In making the assessment referred to in subsec-
tion (8), there shall be no assessment of machinery whether
fixed or not nor of the foundation on which it rests, works,
structures other than buildings referred to in subsection (3)
or (5), substructures, superstructures, except where a sub-
structure or superstructure forms an integral part of a build-
ing referred to in subsection (3) or (5), rails, ties, poles, towers,
lines nor of any of the things excepted from exemption
from taxation by paragraph 17 of section 3 nor of other property,
works or improvements not referred to in subsection (3) or (5), nor
of an easement or the right or use of occupation or other interest in
land not owned by the commission.
Application
(11) Nothing in this section exempts from taxation any
part of any works, structures, substructures or super-
structures when occupied by a tenant or lessee. R.S.O.
1970, c. 32, s. 35(4-11).
Municipal
telephone
companies
R.S.O. 1980,
c. 302
Application
of section
(12) Telephone companies assessed under this section
shall, in addition, be subject to the provisions of section
161 of the Municipal Act. 1972, c. 125, s. 11.
(13) This section applies notwithstanding any other pro-
vision in this Act or any other general or special Act or
any agreement heretofore made, and any agreement heretofore
made under which a commission pays taxes, or money in
lieu of taxes or for municipal services, is void.
Collection
of payments
(14) The provisions of this Act and the Municipal Act
with respect to the collection of taxes apply with necessary modifi-
cations to the payments required to be made by a commission
under this section. R.S.O. 1970, c. 32, s. 35 (13, 14).
Bridges
and tunnels
over inter-
national
boundary
line
27. In the case of any bridge or tunnel liable to assess-
ment that belongs to or is in the possession of any person
or corporation, and that crosses a river forming the boundary
Sec. 29 (2) (a) assessment Chap. 31 211
between Ontario and any other country or province, the
part of such structure within Ontario shall be valued as an
integral part of the whole and on the basis of the valuation
of the whole, and at its actual cash value as it would be
appraised upon a sale to another company possessing
similar powers, rights and franchises and subject to similar
conditions and burdens, but subject to the provisions and
basisof assessment set forth in subsection 23 (1). R.S.O. 1970, c.
32, s. 36.
28. Any bridge or tunnel belonging to or in possession Bridges
f ., oo ...... and tunnels
of any person or corporation between two municipalities in between
miinici-
Ontario shall be valued as an integral part of the whole panties
and on the basis of valuation of the whole. R.S.O. 1970,
c. 32, s. 37.
29. — (1) Every railway company shall transmit annually on Railway
or before the 1st day of July to the assessment commissioner to furn?sh^
of every municipality or locality in which any part of the'
roadway or other real property of the company is situated,
a statement showing,
statements
(a) the quantity of land occupied by the roadway,
and a description sufficient to identify what land
is so occupied ;
{b) the vacant land owned by the company and
not in actual use by the company;
(c) the quantity of land occupied by the railway
and being a part of a highway, street, road or
other public land, but not being a highway, street
or road that is merely crossed by the railway;
and
(d) the real property, other than that referred to in
clause (a), (b) or (c), in actual use and occupation
by the railway. 1974. c. 41, s. 12 (1).
(2) The land and property under subsection (1) shall beAsseMment
assessed as follows: ^^^^
(a) the roadway or right of way at the value at which
lands are assessed in the immediate vicinity, but not
including the structures, substructures and super-
212
Chap. 31
ASSESSMENT
Sec. 29 (2) (a)
structures, rails, ties, poles and other property there-
on;
(b) the vacant land, at its value as other vacant lands
are assessed under this Act;
(c) the structures, substructures, superstructures, rails,
ties, poles and other property belonging to or used
by the company (not including rolling stock and
not including tunnels or bridges in, over, under or
forming part of any highway) upon, in, over,
under or affixed to any highway, street or road
(not being a highway, street or road merely crossed
by the line of railway) at their actual cash value
as they would be appraised upon a sale to another
company possessing similar powers, rights and
franchises, regard being had to all circumstances
adversely affecting the value including the non-user
of such property ;
(d) the real property not designated in clauses (a), (b)
and (c) in actual use and occupation by the company,
at its actual cash value as it would be appraised
upon a sale to another company possessing similar
powers, rights and franchises. R.S.O. 1970, c. 32,
s. 38 (2); 1974, c. 41, s. 12 (2).
(3) Notwithstanding any other provision in this Act,
the structures, substructures, superstructures, rails, ties,
poles, wires and other property on railway lands and used
exclusively for railway purposes or incidental thereto (except
stations, freight sheds, offices, warehouses, elevators, hotels,
heating plants, round houses and machine, repair and
other shops) shall not be assessed, but heating plants shall
be exempt from assessment to the extent that the amount
of steam or heat is used in relation to the cleaning or
boating of rolling stock.
(4) The assessment commissioner shall deliver at, or
transmit by mail to, any station or office of the company a
notice, addressed to the company, of the total amount at
which he has assessed the land and property of the company
in the municipality showing the amount of each description
of property mentioned in the above statement of the com-
pany, and the statement and notice respectively shall be held
to be the assessment return and notice of assessment
required by sections 10 and 30.
frornother ^^^ ^ railway company assessed under this section is
assessments exempt from assessment in any other manner for municipal
purposes except for local improvements and except for
Rails, ties,
poles, sub-
structures,
etc., not
assessable
Notice of
assessment
Sec. 30 (5) (a) assessment Chap. 31 213
business assessment in respect of hotels under section 7
and business assessment upon the portion of a heating plant
that is in the proportion that the amount of the heat
produced by such plant that is sold for the purposes of a
hotel or for a purpose not exclusively a railway purpose
or incidental thereto bears to the total heat produced by
such plant in any year. R.S.O. 1970, c. 32, s. 38 (3-5).
30. — (1) The assessment commissioner or an assessor Notice of
shall, at least fourteen days prior to the completion of the
assessment roll, deliver in the manner provided in this
section to every person named therein a notice in a form
prescribed by the regulations of the sum or sums for which
such person has been assessed and such other particulars
as are mentioned in the prescribed form, and shall enter
in the roll opposite the name of the person the date of delivery
of the notice or shall make one or more certificates to be
attached to the roll or to any part of the roll certifying
the date or dates upon which the notices were delivered,
and the entry, certificate and certificates are prima facie
evidence of the delivery. R.S.O. 1970, c. 32, s. 40(1);
1972, c. 125, s. 12; 1974, c. 41, s. 13.
(2) When the person assessed is resident in the i^iunici- ^®^^^^^^y
pality, the notice shall be delivered by leaving it at his residents
residence or place of business or by mailing it addressed to
him at his residence or place of business.
(3) When the person assessed is not resident in the ^0°^^^^^^^
municipality, the notice shall be delivered by mailing it
addressed to him at his last known address.
(4) When a person assessed furnishes the assessment o°j^^ess
commissioner with a notice in writing giving the address to
which the notice of assessment may be delivered to him
and requesting that the notice be delivered to such address,
the notice of assessment shall be so delivered, and such
notice stands until revoked in writing.
(5) The assessment commissioner or an assessor shall no^°ic^*"°°
deliver with the notice required by subsection (1), or publish
in a newspap)er having general circulation in the munici-
pality in which the land assessed is situated, a notice setting
forth,
(a) the last day for appealing the assessment ;
214
Chap. 31
ASSESSMENT
Sec. 30 (5) (b)
[b) the times and places where the assessment roll
may be examined and discussed with the assess-
ment commissioner or an assessor;
Correction
of errors, etc.,
in assess-
ment roll
Assessment
omitted
from
collector's
roll
Interpre-
tation
(c) any significant and unusual change in the amount
of the assessment ; an,d
(d) any other information which, in the opinion of the
assessment commissioner, is desirable,
but any failure to send such notice does not affect the
validity of any assessment. R.S.O. 1970, c. 32, s. 40 (2-5).
31. Notwithstanding the delivery or transmission of any
notice provided for by section 30, the assessment com-
missioner at any time before the time fixed for the return
of the assessment roll may correct any defect, error, omission
or misstatement in any assessment and alter the roll accord-
ingly, and he shall do so upon notice being given to him of
any defect, error, omission or misstatement, and, upon so
correcting or altering any assessment, he shall deliver or
transmit to the person assessed an amended notice. R.S.O.
1970, c. 32, s. 41; 1974, c. 41, s. 14.
32. — (1) If any land liable to assessment or any business
assessment, has been in whole or in part omitted from
the collector's roll for the current year or for any part or
all of either or both of the next two preceding years, and
no taxes have been levied for the assessment omitted,
the assessor shall make any assessment necessary to rectify
the omission and the clerk of the municipality upon
notification thereof shall enter the assessment on the col-
lector's roll and such taxes as would have been payable if
the assessment had not been omitted shall be levied and
collected.
(2) For the purposes of this section, "omitted" includes
the invalidation or setting aside of an assessment by any
court or assessment tribunal on any ground except that
the land is not liable to taxation. 1974, c. 41, s. 15, part.
Supple- 33^ If after notices of assessment have been given
mentary .
assessments under section 30 and before the last day of the taxation year for
to collector's which taxes are levied on the assessment referred to in the notices,
roll
(a) an increase in value occurs which results from
the erection, alteration, enlargement or improve-
ment of any building, structure, machinery, equip-
ment or fixture or any portion thereof that com-
mences to be used for any purpose ;
Sec. 34 (3) (a) assessment Chap. 31 215
(b) land or a portion thereof ceases to be exempt
from taxation or to be used for the purpose set
forth in subsection 18 (3);
(c) a p)erson commences to occupy or use land for
the purpose of, or in connection with, any business
mentioned or described in section 7;
(d) a pipeline increases in value because it ceases to
be entitled to the reduction provided for in sub-
section 24 (9),
the assessor shall make such further assessment as may
be necessary to reflect the change, and the clerk of the
municipality upon notification thereof shall enter a supple-
mentary assessment on the collector's roll and the amount
of taxes to be levied thereon shall be the amount of taxes
that would have been levied for the portion of such
taxation year left remaining after the change occurred if the
assessment had been made in the usual way. 1974, c. 41,
s. 15, pari.
34. — (1) A person entitled to a notice of assessment Notice
under section 3 1 or assessed under section 32 or 33 shall be notified
and be entitled to appeal as if the assessment had been regularly
made and the assessment roll was returned fourteen days after the
day of mailing of the notice of assessment.
(2) Where a business assessment is made under section 32 or 33, P^^«^®
the real property with respect to which such business assessment is rate
computed is, from the time the land is occupied or used for the
purpose of or in connection with any business mentioned in section
7, liable to taxation at the rate levied under clause 7 (3) {b) of the
Ontario Unconditional Grants Act, and the clerk of the munici- RSO. iggo,
c. 359
pality shall amend the collector's roll accordingly.
(3) When the collector's roll is altered under section 32 or 33 and Distribution
taxes are levied thereon,
(a) the amount thereof that, if the taxes had been
levied in the usual way, would have been paid
to any body for which the council is required by
law to levy rates or raise money shall be set up
in the accounts of the municipality as a credit
accruing to that body in the same proportion as the
levy for that body bears to the total levy.
216 Chap. 31 ASSESSMENT Sec. 34 (3) (6)
R.s.o. 1980, (ft) notwithstanding the Education Act, the amount
c 129
credited to a body under clause (a) shall be paid over to
such body not later than the 3 1st day of December in the
year in which it was levied and shall be used by such
body to reduce the levy for the purposes of such body in
■ ^., the next suceeding year, and, if the amount or any
portion thereof is not paid over to such body on or before
the 31st day of December in the year in which it was
levied, the municipality so in default shall, if demanded
by such body, pay interest thereon to such body at the
rate of 6 per cent per annum from such date until pay-
ment is made;
(c) the balance remaining after the setting up of
all credits as provided in clause (a) shall be taken
into the general funds of the municipality;
(d) notwithstanding clauses (a) and (fe), where in a second-
ary school district a municipality is required under
an agreement or an award of a board of arbitrators
or the Ontario Municipal Board to pay over to
the secondary school board a fixed annual percentage
of the costs of the erection or maintenance of a
school or schools, it is not necessary for the
municipality to pay over an amount to the secondary
school board as required by clauses (a) and (b), but
the municipality shall set up a credit of the amounts
that would but for this clause have been paid over
to the board, which credit shall be used to reduce
the levy for the board in the following year;
{e) the treasurer shall deliver to each of the bodies
entitled to a credit under clause (a), on or before
the 31st day of December in the year in which
the taxes were levied, a statement sufficient to
enable the body to determine the correctness
of the credit. 1974, c. 41, s. 15, part.
Time for 35^ — (j) Except as provided in section 32 or 33, in every
assessment municipality the assessment shall be made annually com-
o?ron'"^" mencing in the year 1974 and at any time between the 1st
day of January and the third Tuesday following the 1st day
of December, and the assessment roll of the municipality
shall be returned to the clerk not later than the third Tuesday
following the 1st day of December in the year in which the
assessment is made.
onfme^for (^) ^^ere in any year it appears that the assessment roll
return of of a municipality or the assessment roll of an area within a
roll ^ -^
Sec. 36 (4) ASSESSMENT Chap. 31 217
municipality will not be or has not been returned to the
clerk of the municipality as provided in subsection (1), the
Minister may extend the time for the return of the assess-
ment roll for such period as appears necessary.
(3) Where the Minister extends the time for the return ^x'tension
of the assessment roll under subsection (2), he shall cause a
notice of the extension, specifying the date to which the time
has been extended and the final date for commencing an
appeal to the Assessment Review Court, to be published in a
daily or weekly newspaper that in the opinion of the Minister
has such circulation within the municipality as to provide
reasonable notice to persons affected thereby. 1974, c. 41,
s. 16, part.
(4) As soon as practicable after the return of the assess- 1^^^ for
,, . .... , . disposing
ment roll m a municipality, the Assessment Review Court of appeals
shall hear and dispose of all appeals of assessments for the
year for which the roU is returned, and when the appeals
have been disposed of by the Assessment Review Court, the
regional registrar of the Assessment Review Court shall
certify the assessment roll to be the last revised assessment
roll of the municipality for the year for which the assessments
thereon are made. 1975 (2nd Sess.), c. 2, s. 1.
36. — (1) The yearly assessment roll of a municipality ^4^^^®*^
last returned to the clerk, when corrected and revised roii
by the Assessment Review Court and certified by the
regional registrar, is for aU purposes the last revised
assessment roll of the municipality.
(2) Where in a municipality no appeals are made to the Last revised
_ £LSS6SSm6Ilb
Assessment Review Court and the time for appealing has roii where
elapsed, the assessment roll shaU be presented by the made^
clerk to the regional registrar and if he is satisfied that
there have been no such appeals he shall certify the roll
and the roll, as so certified, is for all purposes the last
revised assessment roll of the municipality.
(3) In every municipality the rate of taxation for each ^o*be levied
year shall be fixed and levied on the assessment taken °^^^^
in the preceding year according to the last revised assess- assessment
ment roll thereof.
(4) Notwithstanding subsection (3), the council of a muni- ^^ment*
cipality may fix and levy the rate of taxation on the j;°J|J^g^
218
Chap. 31
ASSESSMENT
Sec. 36 (4)
assessment taken in the preceding year according to the
assessment roll as returned.
Rights of
appeal
preserved
(5) Nothing in this section in any way deprives any
person of any right of appeal provided for in this Act,
which may be exercised and the appeal proceeded with in
accordance with this Act, notwithstanding that the assess-
ment roll has been certified by the Assessment Review
Court and becomes the last revised assessment roll.
Adjustment
of taxes as
result of
appeal
(6) Where, as the result of an appeal or of an action
or other proceeding in any court, any assessment is added,
reduced, increased or otherwise altered, the taxes levied
and payable with respect to such assessment shall be
adjusted accordingly and, if the taxes levied have been
paid, any overpayment shall be refunded by the muni-
cipality.
Special Act
superseded
(7) Where a special Act conflicts with this section, this
section prevails. R.S.O. 1970, c. 32, s. 47.
Assessment
of annexed
areas
37. — (1) Where any land is detached from one muni-
cipality and annexed to another municipality after the return
of the assessment roll of the latter municipality, the
council of the latter municipality shall pass a by-law
in the year in which taxation is to be levied on that
assessment roll adopting the assessments of the lands
annexed, as last revised while they were part of the
first-mentioned municipality, as the basis of the assess-
ment of such lands for taxation in that year by the
municipality to which the lands are annexed.
Notice of
assessment
and appeals
(2) The clerk of the municipality, forthwith after the
passing of the by-law under subsection (1), shall deliver or
send by registered mail to every person assessed in respect
of the lands annexed a notice setting out the amount of
the assessment, and the same rights in respect of appeal
apply as if the assessment had been made in the usual
way notwithstanding that the person assessed did not
appeal, or not withstanding the disposition of any appeal
taken, as the case may be, in respect of the assessment
while the lands were a part of the municipality from which
they became detached.
wSere'*""" (3) This section does not apply where an annexation
annexation order Otherwise provides for the assessment of the lands
ordGr
provides for annexed by such order. R.S.O. 1970, c. 32, s. 48.
assessment
Sec. 39 (2) ASSESSMENT Chap. 31 219
38. — (1) Upon completion of the assessment roll, the Making
assessment commissioner shall attach thereto his affidavit *
or solemn affirmation in Form 1 attesting to his com-
pliance with this Act in the preparation of the assessment
roU.
(2) The assessment commissioner shall on or before the f°.}} ^° ^^
day fixed for the return of the assessment roll deliver it tocierk
to the clerk of the municipality completed, with the
affidavit or affirmation attached, and the clerk shall im-
mediately upon receipt of the roll file it in his office and
it shall be open to inspection during office hours.
(3) The omission to attach to the assessment roll the £^t\ach
affidavit or affirmation required by subsection (1) does not affidavit
invalidate the roll. R.S.O. 1970, c. 32, s. 49.
39. — (1) Any person complaining of an error or omission Notice of
in regard to himself, as having been wrongly inserted by person "
in or omitted from the roll or as having been assessed too *^^"®^®
low or too high by the assessor in the roll, may personally
or by his agent give notice in writing to the regional registrar
of the Assessment Review Court that he considers himself
aggrieved for any or all of such causes, and shall give a name
and address where notices can be served by the regional
registrar as provided by subsection (4). 1971, c. 79, s. 10,
part; 1974, c. 41, s. 17 (1).
(2) Any person including a municipality or a school ^reon^^
board may, within the time limited by subsection (3),
give notice in writing,
(a) to the regional registrar of the Assessment Review
Court ; and
{b) to any other person whose assessment is com-
plained of,
complaining that any other person has been assessed too
low or too high or has been wrongly inserted or omitted
from the roll and shall give a name and address where
notices can be served on him and on any such other
person by the regional registrar as provided by subsection
(4), and the matter shall be decided in the same manner
as complaints by a person assessed with regard to his
own assessment. 1971, c. 79, s. 10, part.
220
Time for
giving
notice
Notice of
hearing
Chap. 31 ASSESSMENT
(3) A notice of complaint,
Sec. 39 (3)
(a) to the regional registrar under subsection (1) or
(2), shall be mailed to him by ordinary mail; and
(6) to any other person whose assessment is com-
plained of, shall be mailed to him by registered
mail,
within twenty-one days after the day upon which the roll
is required by law to be returned, or within twenty-one
days after the return of the roll in case the roll is not
returned within the time fixed for that purpose, and
the regional registrar shall immediately transmit a copy of
all notices received by him to the assessment commissioner.
1971, c. 79, s. 10, part; 1974, c. 41, s. 17 (2).
(4) The regional registrar shall give to the assessment
commissioner and the clerk of the municipality and to
all persons complaining and all persons whose assessment
is complained of notice of any hearing by the Assessment
Review Court at least fourteen days before the date
fixed for the hearing in the following form:
Take notice that the Assessment Review Court will sit at
on the day of
in the matter of a complaint.
The complaint has been made by
and states that
(Signed)
Regional Registrar.
1971, c. 79, s. 10, part.
Service of
notice
(5) The regional registrar of the Assessment Review
Court shall cause any notice under this section to be left
at the person's residence or place of business or to be sent
by mail addressed thereto.
Preliminary
explanation
(6) Where value is a ground of a complaint that is
proceeded with, at the commencement of the hearing of
the complaint by the court, the assessor shall explain the
manner in which the assessment has been arrived at and
the complainant shall explain the nature of his com-
plaint.
Sec. 39 (12) (6) assessment Chap. 31 221
(7) After hearing the assessor and the complainant where oetermina-
required and any evidence adduced, the court shall deter-
mine the matter and in all complaints involving value shall
determine the amount of the assessment.
(8) Where the court is requested during the hearing Written
by a party to the proceedings to deliver reasons for its
decision, the court shall give written reasons for its decision.
(9) Where at any time during the hearing by the ^^i*
court it appears that any other person should be a party
to the hearing, the court shall adjourn in order to give
such person notice of the hearing.
(10) If any party fails to appear, either in person or when U)
by an agent, the court may proceed ex parte. ex parte
(11) Where it appears that there are palpable errors connection
in the roll of any municipality that need correction, the
court may at any time during its sitting correct the
roll if no alteration of assessed values is involved, and,
if any alteration of assessed value is necessary, the court
may extend the time for making complaints for ten days
from a day named by the court and may then meet and
determine the additional matter complained of, and the
assessor may be or may be directed by the court to be
the complainant for such purpose.
(12) The decision of the Assessment Review Court shall o/^ifby"
be forwarded by the regional registrar to the clerk of each clerk
municipality and the clerk of the municipality shall forth-
with,
{a) alter the assessment roll in accordance with the
decisions of the court and shall write his name
or initials against every alteration, and shall com-
plete the roll by totalling the amounts of the
assessments therein and inserting such total; or
{b) where data processing equipment is used, may,
as an alternative to complying with clause (a),
forthwith cause to be prepared a new assessment
roll which shall include all changes made by the
court, and shall initial each entry in which a change
has been made by the court and shall complete
the roll by totalling the amounts of the assess-
ments therein and inserting such total. R.S.O.
1970, c. 32, s. 52 (6-13).
222
Chap. 31
ASSESSMENT
Sec. 39 (13)
decision^ (13) When the Assessment Review Court has heard and
decided a complaint, the regional registrar shall forthwith
after the receipt of the record of the decision from the
clerk of the court cause notice thereof to be given,
(a) where the complaint was as to the amount of the
assessment, by registered mail; and
(b) in the case of all other complaints, by ordinary
mail,
to the persons to whom notice of the hearing of such
complaint was given, and such notice shall state thereon
that such decision may be appealed to the county judge
within twenty-one days of the mailing of the notice and
shall also contain a list of the persons to whom notice was
given under subsection (4). R.S.O. 1970, c. 32, s. 52 (14);
1974, c. 41, s. 17 (4).
Notice where (14) When the Assessment Review Court has heard and
assessment ^ '
$50,000 or decided a complaint and the assessment is m an amount of
$50,000 or more or has been increased by the Assessment
Review Court to an amount of $50,000 or more, the notice
under subsection (13) shall also state thereon that, if no
appeal is taken to the county judge, such decision may be
appealed to the Ontario Municipal Board within twenty-
one days of the mailing of such notice. R.S.O. 1970,
c. 32, s. 52 (15).
Roll to be 40. The roll as finally revised by the Assessment Review
binding not- _ , .r- i i i • i • in l- ^
withstanding Court and certified by the regional registrar shall, subject
or'in^notice to subsections 36 (5) and (6), be valid and bind all parties con-
perso'ns cerned, notwithstanding any defect or error committed in or with
assessed regard to such roll, or any defect, error or misstatement in the
notice required by section 30 or the omission to deliver or transmit
such notice, provided that the provisions of this section in so far as
they relate to the omission to deliver or transmit such notice do not
apply to any person who has given the assessment commissioner
the notice provided for in subsection 30 (4). R.S.O. 1970, c. 32,
s. 53.
Copy of
roll duly
certified
to be
evidence
41. A copy of any assessment roll, or portion of any
assessment roll, written or printed, and certified to be a
true copy by the clerk of the municipality, shall be received
as prima facie evidence in any court without proof of the
signature or the production of the original assessment roll
of which such certified copy purports to be a copy, or a
part thereof. R.S.O. 1970, c. 32, s. 54.
Sec. 42 (6) ASSESSMENT Chap. 31 223
42. — (1) An appeal to the countv judge lies, at the^ppeaito
, , ... , , , , county judge
instance of the municipal corporation or a school board, or at
the instance of the assessment commissioner, or at the
instance of any person assessed or of any municipal elector
of the municipality, not only against a decision of the
Assessment Review Court on an appeal to that court, but
also against any omission, neglect or refusal of that court
to hear or decide an appeal. R.S.O. 1970, c. 32, s. 55 (1).
(2) A notice of appeal to the county judge shall be sent Notice of
by registered mail, within twenty-one days of the mailing
of the notice under subsection 39 (13), by the party appealing to the
regional registrar who shall forthwith mail a copy of such notice to
the persons to whom notice was given under such subsection
(13). 1974, c. 41, s. 18 (1).
(3) The regional registrar shall, immediately after the^^ayand
time limited for filing appeals, forward a list thereof to the hearing
judge who shall then notify the regional registrar of the day
he appoints for the hearing thereof and shall, if in his opinion
the appeals or any of them appear to involve the calling
or examination of witnesses, fix the place for holding such
court within the municipality where the assessment roll is
in question, or at the place nearest thereto where the sittings
of the small claims court within his jurisdiction are held.
(4) The regional registrar shall thereupon give notice to ^®^g°°*r
all the appellants and all the persons appealed against in the to notify
same manner as is provided for giving notice on a com-
plaint under section 39, but in the event of failure by the
regional registrar to have the required service of the notices
in any appeal made, or to have the service made in proper
time, the judge may direct service to be made for some
subsequent day upon which he may sit.
(5) The regional registrar shall cause a notice to be posted ap^nants.
up in a conspicuous place in the office of the clerk of the^£^°^^jjy
municipality, or the place where the council of the munici- regional
,• 1 1 1 • • • • • 1 f 11 1^ registrar
pality holds its sittings, contaming the names of all the
appellants and persons appealed against, with a brief
statement of the ground or cause of appeal, together with
the date at which the court will be held to hear appeals.
R.S.O. 1970,c. 32, s. 55(3-5).
(6) The clerk of the Assessment Review Court is the clerk ^^®^ °^
of the court, and he shall keep a record of the decision
of the judge upon each appeal, which shall be certified by
the judge and when so certified shall be forwarded to the
regional registrar. R.S.O. 1970, c. 32, s. 55 (6) ; 1973, c. 26,
s. 8.
224
Chap. 31
ASSESSMENT
Sec. 42 (7)
Hearing
of
appeals
(7) At the court so held, the judge shall hear the appeals
and may adjourn the hearing from time to time and defer
judgment thereon at his pleasure but so that all appeals are
heard and disposed of as soon as practicable. 1974, c. 41,
s. 18 (2), part.
Subpoena
Assessment
roll to be
produced to
the court
(8) A subpoena to compel the attendance of any witness
required before the county judge upon any appeal under this
Act may be issued by the clerk of the county court of the
county in which is situated the municipality whose assess-
ment roll is in question, and the subpoena shall be tested
as are other subpoenas issued out of the county court of
the county in actions therein and may be entitled as is
provided in section 45. R.S.O. 1970, c. 32, s. 55 (10).
43. At the court to be held by the county judge to
hear the appeals hereinbefore provided for, the person
having charge of the assessment roll certified by the regional
registrar shall appear and produce such roll and all papers
and writings in his custody connected with the matter of
the appeal. R.S.O. 1970, c. 32, s. 56.
Powers of
judge
sitting in
appeal from
Assessment
Review
Court
44. — (1) In all proceedings before the county judge
under or for the purposes of this Act, the judge possesses
all such powers for compelling the attendance of and for the
examination on oath of all parties, whether claiming or
objecting or objected to, and of all other persons, and for the
production of books, papers, rolls and documents, and for
the enforcement of his orders, decisions and judgments, as
belong to or might be exercised by him in the county court.
Appeal to
county judge
where
question
of fact
involved
(2) The hearing of the appeal by the county judge shall,
where questions of fact are involved, be in the nature of a
new trial, and either party may adduce further evidence
in addition to that heard before the Assessment Review Court,
subject to any order as to costs or adjournment that the
judge may consider just. R.S.O. 1970, c. 32, s. 57.
^^^cee°din s '^^' ^^^ process or other proceedings by way of appeal
may be entitled as follows:
In the Matter of Appeal from the Assessment Review Court in respect
of the of
Appellant,
and
, Respondent,
and they need not be otherwise entitled. R.S.O. 1970, c. 32,
s. 58.
Sec. 47 (5) ASSESSMENT Chap. 31 225
46. — (1) The decision of the judge shall be forwarded by Alteration
1 .,. iiiri •'oi roll by
the regional registrar to the clerk of the municipality who cierk
shall forthwith alter the assessment roll in accordance
with the decisions of the judge, and shall write his name or
initials against every alteration.
(2) When the judge has heard and decided an appeal, J°"*^® of
the regional registrar shall, forthwith after receipt of the
record of the decision from the clerk of the court, cause
notice of the decision in such appeal to be given by registered
mail to the persons to whom notice of the hearing was
given and such notice shall state thereon that such decision
may be appealed to the Ontario Municipal Board within
twenty-one days of the mailing of such notice. R.S.O.
1970, c. 32, s. 62.
47. — (1) The municipal corporation, a school board, the o§J®b^^ *^°
assessment commissioner, any person assessed and any person
who has filed a complaint under subsection 39 (2) may appeal from
the decision of the county judge to the Ontario Municipal
Board. R.S.O. 1970, c. 32, s. 63 (1).
(2) An appeal also lies to the Ontario Municipal Board Appeal
from a decision of the county judge under section 32 or 33. ss. 32, 33
1972, c. 125, s. 17; 1974, c. 41, s. 19 (1).
(3) Where an assessment is in an amount of $50,000 or^^®^^^*^°
more or has been increased by the Assessment Review Court
to an amount of $50,000 or more and where no appeal is
taken to the county judge, an appeal also lies to the Ontario
Municipal Board from a decision of the Assessment Review
Court in the same manner as an appeal under subsection (1)
or (2). R.S.O. 1970, c. 32, s. 63 (3).
(4) Except as provided in subsections (5) and (7), sections 42 J''°iYcabfe
to 45 and section 48 apply to appeals taken under sub- to appeals,
section (1) or (2), and on such appeals the Ontario Municipal 8°m.b.
Board has the powers and duties of a county judge under
such sections. R.S.O. 1970, c. 32, s. 63(4); 1974, c. 41,
s. 19 (2).
(5) A notice of appeal to the Ontario Municipal Board JJ'^^e of
under subsection (1) or (2) shall, within twenty-one days after
notice of the decision appealed from has been given under
subsection 46 (2), be sent by the party appealing by registered mail
to the secretary of the Board and to the persons to whom notice of
the hearing before the judge was given.
226
Chap. 31
ASSESSMENT
Sec. 47 (6)
Notice of
appeal
under
subs. (3)
(6) A notice of appeal to the Ontario Municipal Board
under subsection (3) shall, within twenty-one days after
notice of the decision appealed from has been given under
subsection 39 (13), be sent by the party appealing by registered
mail to the secretary of the Board and to the persons to whom
notice of the hearing before the Assessment Review Court was
given.
Notice of
hearing
(7) Upon receipt of a notice of appeal under this section,
the secretary of the Ontario Municipal Board shall arrange
a time and place for hearing the appeal and shall send
notice thereof by registered mail to all parties concerned
in the appeal at least fourteen days before the hearing.
Appeal from
O.M.B. to
Divisional
Court in
certain
matters
(8) An appeal lies from the decision of the Ontario
Municipal Board under this section to the Divisional Court upon
all questions of law or the construction of a statute, a municipal
by-law, any agreement in writing to which the municipality con-
cerned is a party, or any order of the Board.
Procedure
on appeals
(9) The practice and procedure on the appeal to the Divisional
Court shall be the^same with necessary modifications, subject to
any rule of the court or regulation of the Ontario Municipal Board,
as upon an appeal from a county court to the Court of Appeal.
Alteration
in roll as
result of
appeal from
O.M.B.
(10) If, by the decision of the Ontario Municipal Board
or by the judgment of the Divisional Court, it appears
that any alteration should be made in the assessment roll
respecting the assessment in question, the clerk of the munici-
pality concerned shall alter the assessment roll to give
effect to the decision or judgment and shall write his name
or initials against every alteration. R.S.O. 1970, c. 32, s. 63
(5-10).
Assessment
maybe
open upon
appeal
48. — (1) Upon, an appeal on any ground against an
assessment, the Assessment Review Court, county judge or
Ontario Municipal Board hearing an appeal under section 43,
or the Divisional Court, as the case may be, may reopen
the whole question of the assessment so that omissions from,
or errors in the assessment roll may be corrected, and the
amount for which the assessment should be made, and the
person or persons who should be assessed therefor may be
placed upon the roll, and if necessary the roll of the munici-
pality, even if returned as finally revised, may be opened
so as to make it correct in accordance with the findings
made on appeal. R.S.O. 1970, c. 32, s. 64 (1).
Sec. 50 (2) ASSESSMENT Chap. 31 227
(2) In determining the value at which any land shall be^^f^j^^
assessed, reference may be had to the value at which similar jands in
lands in the vicinity are assessed. R.S.O. 1970, c. 32, s. 64 (2) ; ^ ^
1974, c. 41, s. 20.
49. — (1) Upon a complaint or appeal with respect to an f|i°^t"^°of
assessment, the Assessment Review Court, county judge or Assessment
Ontario Municipal Board may review the assessment and, for court,
the purpose of such review, has all the powers and j^udge,^
functions of the assessor in making an assessment, determina- °**®
tion or decision under this Act, and any such assessment,
determination or decision made on review by the Assess-
ment Review Court, county judge or Ontario Municipal Board
shall, except as provided in subsection (2), be deemed to be an
assessment, determination or decision of the assessor and has
the same force and effect.
(2) A decision of the Assessment Review Court, county ^^^^s^°°^j^
judge or Ontario Municipal Board with regard to persons etc.. flnai
alleged to be wrongfully placed upon or omitted from the
assessment roll or assessed at too high or too low a sum is
final and binding unless appealed in accordance with the
provisions of this Act.
(3) For greater certainty, it is hereby declared that the P^^^^^°^^f
provisions of sections 39, 42 and 47 respecting appeals are re appeals
intended to establish machinery for the review of an assess-
ment for the purpose of ensuring the administrative integrity
of the assessment roll, and, except as provided in sub-
section (2), such provisions shall not be deemed to affect
the right of any person to apply to a superior, county or
district court for a judicial determination of any question
relating to an assessment. R.S.O. 1970, c. 32, s. 65.
50. — (1) The municipal corporation, assessment com- Apph^^t^on
missioner or any person assessed may apply by originating origrinating
notice to the Supreme Court or to the county court of the
county in which the assessment is made for the determina-
tion of any question relating to the assessment, except a
question as to persons alleged to be wrongfully placed
upon or omitted from the assessment roll or assessed at too
high or too low a sum.
(2) The persons to be served with notice under thisS^^^eof
section shall be the persons assessed in respect of the property
relating to the assessment, the assessment commissioner and
the clerk of the municipality affected by the assessment.
228
Chap. 31
ASSESSMENT
Sec. SO (3)
Time for
notice
(3) No originating notice shall be commenced except
within the times for commencing an action or other proceeding
set forth in section 5 1 .
Appeal to
Divisional
Court
(4) An appeal lies to the Divisional Court from the judgment of
the Supreme Court or from the judgment of the county court.
Final
revision of
roll not to
be delayed,
alteration
of roll on
Divisional
Court
judgment
(5) The appeal from any judgment made by the Supreme
Court or by a county court on an originating notice given
under this section or the hearing or argument' or other
proceedings thereon shall not delay the final revision of the
assessment roll, but, if by the judgment of the Divisional
Court it appears that any alteration should be made in the
assessment roll respecting the assessment in question, the
clerk of the municipality shall cause the proper entries to be
made in the assessment roll to give effect to the judgment
on the originating notice or on appeal therefrom.
Judgment
of court
binding on
Assessment
Review
Court, etc.
(6) Notwithstanding that a question of the assessment of
any person is pending before the Assessment Review Court,
a judge of the county court or the Ontario Municipal Board,
the judgment of the Supreme Court, the county court or
the Divisional Court shall be given effect to and is binding
upon the Assessment Review Court, the judge of the county
court and the Ontario Municipal Board. R.S.O. 1970, c. 32,
s. 66.
Limitation 51, Nq action or Other proceeding, except an action or
in court other proceeding brought by or on behalf of a municipality
for the collection of arrears of taxes, shall be brought in
court with respect to an assessment or taxes based thereon,
(a) except within sixty days after the day upon which
the assessment roll is required by law to be returned,
or within sixty days after the return of the roll,
in case the roll is not returned within the time
fixed for that purpose ;
(6) where a complaint with respect to the assessment
is made to the Assessment Review Court, except
within the time limited for appealing from the
decision of the Assessment Review Court to the county
court judge;
(c) where an appeal is made from the decision of the
Assessment Review Court to the county court judge,
except within the time limited for appealing from
Sec. 55 (2) ASSESSMENT Chap. 31 229
the decision of the county court judge to the
Ontario Municipal Board ; and
(d) where an appeal is made from the decision of the
county court judge to the Ontario Municipal Board,
except within fifteen days after the date of the
decision of the Ontario Municipal Board,
provided, where an appeal is made to the Divisional Court,
no action or other proceeding shall be brought in any other
court with respect to the assessment. R.S.O. 1970, c. 32, s. 67.
52. Where anv part of an assessment is declared invalid Alteration
of roll as
or in error by the Supreme Court or a county court, the result of
whole assessment is not thereby invalidated and the court
may direct that the assessment roll be altered in accordance
with its judgment and the clerk of the municipality con-
cerned shall so alter the roll and shall write his name or
initials against every alteration. R.S.O. 1970, c. 32, s. 68.
oi?. Xo matter that could have been raised by wav of pefence
1 • 1 A T-. • /- • ■ limited in
complaint to the Assessment Review Court or in an action actions to
collccti
or other proceeding with respect to an assessment in a court taxes, etc.
within the times limited for bringing such complaint, action
or other proceeding under this Act shall be raised by way
of defence in any action or other proceeding brought by or
on behalf of a municipality. R.S.O. 1970, c. 32, s. 69.
54. Where the assessment of any real property is altered ^^g^g^^°°^
on an appeal or in an action, any business assessment roii on
based on the assessed value of such real property shall be of real
. . DroDcrtv
altered in the assessment roll by the clerk of the municipality assessment
to conform with the altered real property assessment. R.S.O.
1970, c. 32. s. 70; 1974, c. 41, s. 21.
55. — (1) The Ministry shall examine the amounts of the Equalized
£LSSGSSni6Ilu
assessments of rateable property in each municipality and determi-
locality on the last returned assessment roll of each munici-
pality and locality and determine as nearly as may be
what the total of the amounts of the assessment of such
rateable property should be so that costs may be apportioned
and grants provided on a basis which is just and equitable
as between municipalities and localities. R.S.O. 1970, c. 32,
s. 71 (1); 1972, c. 1, s. 1; 1980, c. 69, s. 3.
(2) The amount so determined under subsection (1) is the fg^g'^^^^^'^nt
equalized assessment of each municipality and locality ^"<^ I^J^ii^ation
the equalization factor of a municipality or locality is the factor
percentage that the total of the amounts of the assess-
ments of rateable property of a municipality or locality
is of the equalized assessment of the municipality or
230
Chap. 31
ASSESSMENT
Sec. 55 (2)
locality, but neither the equalized assessment nor equali-
zation factor of a municipality or locality shall be taken
into account in the assessment of any land except as
provided in this or any other Act.
Publication
(3) The equalized assessment and equalization factor of
each municipality and locality shall be published in The
Ontario Gazette in each year not later than the 15th day
of July. R.S.O. 1970. c. 32, s. 71 (2, 3).
Review
(4) On or before the 1st day of November in the
year of publication under subsection (3), a municipality
or locality may apply to the Ontario Municipal Board for
a review of its equalized assessment and equalization factor
and the Ministry may apply for a review of the equalized
assessment and equalization factor of any municipality or
locality and the applicant shall give notice in writing by
registered mail to the secretary of the Board. R.S.O. 1970,
c. 32, s. 71 (4); 1972, c. 1, s. 1.
Hearing (5) Upon receipt of a notice of application for review
under this section, the secretary of the Ontario Municipal
Board shall arrange a time and place for hearing the
application and shall send notice thereof by registered mail
to the Ministry and to the clerk of the municipality or
the secretary of each school board in the locality con-
cerned at least fourteen days before the hearing. R.S.O.
1970, c. 32, s. 71 (5); 1972, c. 1, s. 1.
Powers of
O.M.B.
(6) If the equalized assessment and equalization factor
under review are not just and equitable, the Ontario
Municipal Board, upon the hearing of the application,
shall determine a just and equitable equalized assessment
and equalization factor.
Appeal (7) Subsections 47 (8) and (9) apply with necessary modifica-
tions to an application under this section.
Effect of
appeal
(8) The decision of the Ontario Municipal Board or the
judgment of the Divisional Court on an application under
this section does not affect the equalized assessment and
equalization factor of a municipality or locality, as deter-
mined under subsection (1) or (2), for the purposes of any
provision of any Act where equalized assessments or equaliz-
ation factors are used in any determination and an appeal
therefrom or a review thereof is provided. R.S.O. 1970,
c. 32, s. 71 (6-8).
Sec. 59 ASSESSMENT Chap. 31 231
56. Where at any time the boundaries of a municipalitv Adjustment
01 6QU&liZ6(l
or locality are altered or a new municipality is erected, assessment
the Ontario Municipal Board shall adjust the equalized
assessment determined under section 55 of the municipalities
affected. R.S.O. 1970, c. 32, s. 74.
57. — (1) Every assessment commissioner or assessor or Disclosure of
any person in the employ of a municipality who in the
course of his duties acquires or has access to information
furnished by any person under section 9 or 10 that relates
in any way to the determination of the value of any real
property or the amount of assessment thereof or to the
determination of the amount of any business assessment,
and who wilfully discloses or permits to be disclosed any
such information not required to be entered on the assess-
ment roll to any other person not likewise entitled in the
course of his duties to acquire or have access to the infor-
mation, is guilty of an offence and on conviction is liable to a fine
of not more than $200, or to imprisonment for a term of not more
than six months, or to both.
(2) This section does not prevent disclosure of such^°®P"°°
information by any person when being examined as a witness
in an assessment appeal or in an action or other proceeding
in a court or in an arbitration. R.S.O. 1970, c. 32, s. 78.
58. In addition to the penalties and punishments pro-R^Khtof
vided for by this Act for a contravention of the provisions daniagres
thereof, the person guilty of such contravention is liable officer
to every person who is thereby injured for the damages
sustained by such person by reason of such contravention.
R.S.O. 1970, c. 32, s. 79.
59. This Act does not affect the terms of any agreement agreements'
made with a municipal corporation, or any by-law heretofore ^^ing^^^^^
or hereafter passed bv a municipal council under any other or granting
/-•,! j^ r J. t exemption
Act for fixing the assessment of any property, or tor com- from
muting or otherwise relating to municipal taxation, but affected" °°
whenever in any Act of the Legislature or by any proclama-
tion of the Lieutenant Governor in Council or by any valid
by-law of a municipality heretofore passed or by any valid
agreement heretofore entered into the assessment of the real
and personal property of any person in a municipality is
fixed at a certain amount for a period of years, unexpired
at the time of the coming into force of this Act, or the
taxes payable annually by any person in respect of the real
and personal property are fixed at a stated amount during
any such period, or the real and personal property of any
person or any part thereof is exempt from municipal taxa-
tion in whole or in part for any such period, such fixed
232
Chap. 31
ASSESSMENT
Sec. 59
assessment or commutation of taxes or exemption shall be
deemed to include any business assessment or other assess-
ment and any taxes thereon in respect of the property or
business mentioned in such Act, proclamation, by-law or
agreement to which such person or the property of such
person would otherwise be liable under this Act. R.S.O.
1970,c. 32,s. 80.
Computation
of time for
proceedings
where time
limited
expires on
Saturday
60. Where the municipal offices in a municipality are
closed on Saturday and the time limited for any proceeding
or for the doing of any things in such municipal offices
under this Act expires or falls upon a Saturday, the time
so limited shall extend to and the thing may be done on the
day next following that is not a holiday. R.S.O. 1970, c. 32,
s. 81.
References
to court of
revision in
other Acts
R.S.O. 1980,
cc. 250, 126
61. — (1) Where in any general or special Act, except
the Local Improvement Act and the Drainage Act, reference
is made to a court of revision, such reference shall be deemed
to be a reference to the Assessment Review Court established
under this Act.
Provisions
authorizing
courts of
revision in
other Acts
repealed
(2) Notwithstanding any general or special Act, any
provision in any Act, except the Local Improvement Act and
the Drainage Act, as to the constitution of a court of
revision is repealed. R.S.O. 1970, c. 32, s. 83.
Assessment
roll for
years
1970-74
62. Subject to the alterations, amendments and correc-
tions authorized by this Act, for the purposes of any general
or special Act, the assessment roll of every municipality
prepared for the year 1970 for taxation in 1971 shall be the
assessment roll of the municipality for taxation in the years
1971 to and including 1974 and the assessments of all real
property as set forth on the 1970 assessment roll shall be the
assessments of the real property and the assessment com-
missioner of a municipality shall not cause to be prepared a
new assessment roll for the municipality until the year 1974
for taxation in 1975. 1971, c. 79, s. 13, part; 1974, c. 41.
s. 24.
Roll to be 63. — (1) Subject to the other provisions of this Act and
[n 1974 and to the alterations, corrections, additions and amendments
following authorized by this Act, and for the purpose of any special or
general Act,
years
{a) the assessment roll of a municipality to be returned
in the year 1974 shall be the assessment of all real
property as set forth in the assessment roll returned
for the year 1970 for taxation in the year 1971 as
Sec. 63 (1) ig) ASSESSMENT Chap. 31 233
amended, added to or otherwise altered up to the
third Tuesday following the 1st day of December,
1974;
(6) the assessment roll of a municipality to be returned
in the year 1975 shall be the assessment of all real
property as set forth in the assessment roll returned
for the year 1974 for taxation in the year 1975 as
amended, added to or otherwise altered up to the
third Tuesday following the 1st day of December,
1975;
(f) the assessment roll of a municipality to be returned
in the year 1976 shall be the assessment of all real
property as set forth in the assessment roll returned
for the year 1975 for taxation in the year 1976 as
amended, added to or otherwise altered up to the
third Tuesday following the 1st day of December,
1976;
(d) subject to subsection (2), the assessment roll of a
municipality to be returned in the year 1977 shall
be the assessment of all real property as set forth
in the assessment roll returned for the year 1976
for taxation in the year 1977 as amended, added
to or otherwise altered up to the third Tuesday
following the 1st day of December, 1977;
{e) subject to subsection (2), the assessment roll of a
municipahty to be returned in the year 1978 shall
be the assessment of all real property as set forth
in the assessment roll returned for the year 1977
for taxation in the year 1978 as amended, added to
or otherwise altered up to the third Tuesday follow-
ing the 1st day of December, 1978;
(/■) subject to subsection (2), the assessment roll of a munici-
pality to be returned in the year 1979 shall be the assess-
ment of all real property as set forth in the assessment
roll returned for the year 1978 for taxation in the year
1979 as amended, added to or otherwise altered up to the
date when the assessment roll for taxation in the year
1980 is returned; and
ig) subject to subsection (2), the assessment roll of a munici-
pality to be returned in the year 1980 shall be the assess-
ment of all real property as set forth in the assessment
roll returned for the year 1979 for taxation in the year
1980 as amended, added to or otherwise altered up to the
date when the assessment roll for taxation in the year
1981 is returned,
234 Chap. 31 assessment Sec. 63 (1)
provided that, where the assessor is of the opinion that an assess-
ment to be shown on the assessment roll to be returned for the
years 1974 to and including 1980 is inequitable with respect to the
assessment of similar real property in the vicinity, the assessor
may alter the value of the assessment to the extent necessary to
make the assessment equitable with the assessment of such similar
real property. 1976, c. 65, s. 1; 1977, c. 56, s. 1 {a, b)\ 1978,
c. 73, s. 1; 1979, c. 88, s. 2 (1); 1980, c. 69, s. 4.
increasesin (2) Where the erection, alteration, enlargement or improve-
addedto ment of any building, structure, machinery, equipment or
roll fixture or any portion thereof increases the value of any
real property in a municipality or locality by at least $2,500,
and where such increase in value has not been, or is not
liable to be, assessed pursuant to section 2>2>, such increase
in value shall be assessed and included in the assessment roll
to be returned in the municipality or locality next after
such increase comes to the attention of, and the amount
thereof has been determined by, the Assessment Commissioner.
1977, c. 56, s. 1 {d).
Equalization of (3) Where the Minister considers that, within any class or
assessment , ri j. • --i-i i i
within a classes 01 real property m a municipality, any parcel or parcels
municipality of real property are assessed inequitably with respect to the
assessment of any other parcel or parcels of real property of that
class, he may, if so requested by a resolution of the council of such
municipality, direct that such changes be made in the assessment
to be contained in the assessment roll next to be returned in that
municipality as will, in his opinion, eliminate or reduce
inequalities in the assessment of any class or classes of real prop-
erty, and the Minister may, for that purpose, make regulations,
(a) prescribing standards and procedures to be used for the
purpose of equalizing and making equitable the assess-
ments of all real property belonging to the same class in
the municipality;
{h) prescribing the classes of real property into which the
real property in the municipality shall be divided for the
purpose of this subsection;
(c) providing that any equalization of assessment pursuant
to clause (a) shall not alter, as between classes of real
property in the municipality, the relative level of
assessment at market value previously existing between
or among such classes, or providing that the equalization
shall alter such levels of assessment at market value no
more than is reasonably necessary to provide equitabil-
ity of assessment within each class; or
Sec. 67 ASSESSMENT Chap. 31 235
id) providing that an equalization pursuant to clause (a)
shall not, except so far as is necessary to give effect to sec-
tion 33, section 64 or subsection (2) of this section, alter
the proportion that the municipal tax attributable to a
class of real property for the year in which the equaliza-
tion is directed to be made is of the total municipal tax for
that year. 1979, c. 88, s. 2 (2).
64. No amendment shall be made to the assessment or No amendment
collector's roll pursuant to clause 33 (a) until the increase at
cumulative value of the increase since the 23rd day of July, ^*^^ '
1971, is at least in the sum of $2,500 at market value or,
if the assessment in the vicinity is at less than market value,
at an equivalent rate. 1974, c. 41, s. 26.
65. — (1) The Assessment Review Court, county judge. Powers
Ontario Municipal Board or any court, in determining the
value at which any real property shall be assessed in any com-
plaint, appeal, proceeding or action, shall have reference to the
value at which similar real property in the vicinity is assessed,
and the amount of any assessment of real property shall
not be altered unless the Assessment Review Court, judge.
Board or court is satisfied that the assessment is inequitable
with respect to the assessment of similar real property in the
vicinity, and in that event the assessment of the real
property shall not be altered to any greater extent than is
necessary to make the assessment equitable with the assess-
ment of such similar real property. 1971, c. 79, s. 13, part.
(2) For the purposes of subsection (1) and of section 63, Con-
where a residential assessment is made with respect to a unit, and^'co"'"
as defined in the Condominium Act, a proposed unit, as operative
housing
defined in that. Act, or a unit or suite in the building of a j^ § q j^gQ
co-operative housing corporation, the value at which such c 84
unit, proposed unit or suite shall be assessed shall be based
on the same proportion of the market value thereof as that
at which owner-occupied single-family residences in the
vicinity are assessed. 1975 (2nd Sess.), c. 2, s. 2.
66. Notwithstanding section 51, a proceeding or action Time for
£LColOIl OF
may be brought m a court pursuant to section 50 or 51 at proceeding
any time but the court may only alter an assessment to
affect taxes fixed, levied and payable with respect to such
assessment in the year in which the action or proceeding is
commenced and any subsequent year. 1971, c. 79, s. 13, part.
67. No assessment taken in any municipality under sub- ^enerljiy"*^^
section 35 (1) or (2) in the year 1971 shall be used for madeinwi
purposes of taxation and no appeal, complaint, action or ^°^^^^
proceeding shall lie, be brought, maintained or continued
with respect to any such assessment. 1971, c. 79, s. 13, part.
236
Chap. 31
ASSESSMENT
Sec. 68
AppiicaUpn gg. Section 65 ceases to be in force on the 22nd day of
December, 1981, but shall continue in force for the purpose of any
pending complaint, appeal, proceeding or action that will affect
taxes for the years 1971 to and including 1981. 1980, c. 69, s. S.
AppijcaUon 69. Subject to section 70, subsection 24 (6) is not in force and
remains inoperative until the 1st day of January, 1981. 1980,
c. 69, s. 6.
Proclaiming
suspension
of ss. 62-67
70. — (1) Notwithstanding any other provision of this
Act, the Lieutenant Governor by proclamation may pro-
vide that, on a day named in the proclamation, the whole
or any part of the provisions of sections 62 to 67 shall
cease to be in force in any municipality or territory without
municipal organization comprised in a locality named or
described in the proclamation, and upon the making of such
a proclamation the provisions of this Act specified in the
proclamation cease to be in force in the municipality or
territory without municipal organization comprised in a
locality named or described as of the date named in the
proclamation, but such a proclamation shall not extend
the application of any provision therein mentioned beyond
the time that the provision would otherwise cease to be in
force as set out in section 68. 1972, c. 161, s. 2, part; 1977,
c. 56, s. 4 (1).
Proclaiming
certain
provisions
in force
Assessment
roll to be
returned
(2) The Lieutenant Governor by proclamation may name
a day upon which the provisions of this Act referred to in
section 69 shall cease to be inoperative and shall come into force in
any municipality or territory without municipal organization
comprised in a locality named or described in the proclamation,
and upon the making of the proclamation such provisions shall
cease to be inoperative and shall come into force in the named or
described municipality or territory without municipal organiza-
tion comprised in a locality upon the day named in the proclama-
tion. 1972, c. 161, s. 2, part; 1975 (2nd Sess.), c. 2, s. 3 (1); 1979,
c. 88, s. 5; 1980, c. 69, s. 7.
(3) In any proclamation made under this section, the
Lieutenant Governor may also name a day, not less than
one month after the date in the proclamation specified as
the date when it takes effect in any municipality or territory
without municipal organization comprised in a locality,
upon which the assessment commissioner for the assessment
region within which any municipality or territory without
municipal organization comprised in a locality named or
described in the proclamation is situated shall return a
new assessment roll for the assessment at market value of real
property in any municipality or territory without municipal
organization comprised in a locality named or described in
Sec. 70 (6) ASSESSMENT Chap. 31 237
the proclamation, and the assessment commissioner shall
return a new assessment roll for such municipality or territory
without municipal organization comprised in a locality in
accordance with the provisions of this Act that will be in
force in that municipality or territory without municipal
organization comprised in a locality on the day that the new
assessment roll is returned. 1972, c. 161, s. 2, part.
(4) Notwithstanding any special or general Act to the'^^^t^o^e
contrary, where a proclamation is made under this section of °ew
CL886SSin6Tlti
in which a day is named for the return of a new assessment rou
roll in a municipality described in the proclamation, any
municipal or school tax to be levied and raised in the year
in which such named day occurs by the council of such
municipality under the authority of the Municipal Act, and RS.o, i98o,
any taxes and rates that, by any other enactment, the "^
council of such municipality may be required to levy and
collect in the year in which such named day occurs, and
any mill rate to be determined in such municipality for the
year in which such named day occurs for the purpose of
taxation in that year shall be based on the value of property
contained in the new assessment roll returned in such munici-
pality in accordance with subsection (3). 1972, c. 161, s. 2,
part\ 1973, c. 148, s. 5 (1).
(5) Not,withstanding section 365 of the Municipal Act, mentof°°"
where a proclamation is made under this section in which county rate
a day is named for the return of a new assessment roll in
a township, town or village described in the proclamation,
the council of the county in which such township, town or
village is situated may by by-law passed before the 1st day
of December in the year in which such named day occurs
determine to apportion the county rate for such year by
taking into consideration and making adjustment for any
change in assessment that has resulted from the return of a
new assessment roll in accordance with subsection (3) in any
township, town or village situated in the county, and except
in so far as they are inconsistent with this section, the
provisions of section 365 of the Municipal Act apply to the
apportionment of the county rate for such year, and within
ten days of the passing of a by-law under this subsection,
the county clerk shall send a copy of such by-law by regis-
tered mail to the clerk of each municipality situated within
the boundaries of the county. 1972, c. 161, s. 2, part; 1973,
c. 148, s. 5(2); 1977, c. 56, s. 4 (3).
(6) Notwithstanding any special or. general Act to the onbasis^
contrary, where a proclamation is made under this section of new
*^ X fliSS 6881X16 Dij
in which a day is named for the return of a new assessment rou
roll in a territory without municipal organization comprised
238
Chap. 31
ASSESSMENT
Sec. 70 (6)
in a locality described in the proclamation, any taxes for
school purposes that a public school board, divisional board
of education or separate school board levies in the year
in which such named day occurs in the territory without
municipal organization comprised in a locality, and any mill
rate to be determined in such territory without municipal
organization comprised in a locality for taxation for school
purposes in that year, shall be based on the value of property
contained in the new assessment roll returned in such
territory without municipal organization comprised in a locality
in accordance with subsection (3). 1972, c. 161, s. 2, part\
1973, c. 148, s. 5 (3).
Return
of second
roll not
prevented
(7) For the purposes of providing, in any municipality or
territory without municipal organization comprised in a
locality, an assessment roll for taxation in the year following
that in which a new assessment roll is returned in such
municipality or territory without municipal organization
comprised in a locality on a day named in a proclamation
made under this section, nothing contained in this section
shall be construed to prevent the return, in the year in
which such new assessment roll has been returned, in such
municipality or territory without municipal organization
comprised in a locality of a second assessment roll in accord-
ance with the provisions of this Act that will be in force in
such municipality or territory without municipal organization
comprised in a locality after the proclamation comes into
force. 1975 (2nd Sess.), c. 2, s. 3 (2).
Proclamation
may be for
part of a
municipality
or
unorganized
territory
(8) A proclamation under this section may be made for
part only of a municipality or of territory without municipal
organization comprised in a locality, and where a day is
named in such proclamation for the return of a new assess-
ment roll in accordance with subsection (3), the new assessment
roll shall be returned for only the real property situated in
that part of the municipality or territory without municipal
organization comprised in a locality that is described in the
proclamation. 1972, c. 161, s. 2, part.
Form 1 ASSESSMENT Chap. 31 239
FORM 1
(Section 38)
Affidavit or Affirmation of Assessment Commissioner
IN Verification of Assessment Roll
I, of the
make oath and say (or solemnly declare and
affirm) as follows:
1. I have, according to the best of my information and belief, set down or caused to be
set down in the assessment roll attached hereto all the real property liable to taxation
situate in ; and I have justly
and truly assessed or caused to be assessed in accordance with the Assessment Act, each
of the parcels of real property so set down and, according to the best of my information
and belief, I have entered or caused to be entered the names of all owners or tenants
assessable in respect of each such parcel.
2. I have estimated and set down or caused to be estimated and set down in the
assessment roll, according to the best of my information and belief, the amounts
assessable against every person named in the roll for business or otherwise under such Act.
3. According to the best of my knowledge and belief, I have entered or caused to be
entered therein the name of every person entitled to be so entered under the Assessment Act,
or any other Act ; and I have not intentionally omitted or caused to be omitted from the
roll the name of any person whom I knew or had good reason to believe to be entitled to
be entered therein under any of such Acts.
4. I have entered or caused to be entered on the roll the date of delivery or trans-
mission of the notice required by section 30 of the Assessment Act, and every such date is
truly and correctly stated in the roll.
A certificate has been made and attached to the assessment roll certifying the date
upon which the notices of Assessment were delivered as required by section 30 of the
Assessment Act.
[Strike out that which does not apply)
5. I have, according to the best of my information and belief, complied with or caused
to be complied with all the provisions of the Assessment Act, or of any regulation, with
regard to the preparation of the assessment roll.
Sworn [or solemnly declared and affirmed)
before me
at the
in the
of
this
day of
19....
R.S.O. 1970, c. 32, Form 1 ; 1972, c. 125, s. 21.
Sec. 7 ASSESSMENT REVIEW COURT Chap. 32 241
CHAPTER 32
Assessment Review Court Act
1. In this Act, interpre-
tation
{a) "Court" means the Assessment Review Court;
(b) "municipality" means a city, town, village or
township. 1972, c. Ill, s. 1.
2. The Assessment Review Court is hereby continued. r|^|^J^°* *
1972, C. Ill, S. 2. continued
3. The Court shall be composed of a chairman and such composition
number of vice-chairmen and other members as the Lieutenant
Governor in Council considers advisable, all of whom shall be
appointed by the Lieutenant Governor in Council. 1972,
c. 111. s. 3.
4. — (1) The Public Service Act, except sections 4 and 6, .Application
)plies to the
full-time basis.
applies to the members of the Court who are employed on a r so. i980.
(2) The Public Service Superannuation Act applies to the Ypiication
members of the Court who are employed on a full-time basis, r.s.o. iqso,
1972, c. Ill, s. 4. "^^^
5. One member of the Court constitutes a quorum and is Quorum
sufficient for the exercise of all of the jurisdiction and powers of
the Court. 1972. c. 111. s. 5.
6. The chairman or a vice-chairman shall from time to Assignment
of members
time assign the members of the Court to its various sittings and staff
and may change any such assignments at any time and the
chairman or a vice-chairman may from time to time direct
any officer or other member of the staff of the Court to
attend any of the sittings of the Court and may prescribe
his duties. 1972, c. HI, s. 6.
7. Every member of the Court before entering upon his °*^^^|j.g
duties shall take and subscribe the following oath (or of court
affirmation in cases where, by law, affirmation is allowed) :
242
Chap. 32
ASSESSMENT REVIEW COURT
Sec. 7
"I, do solemnly swear (or affirm) that I will,
to the best of my judgment and ability, and without fear, favour or
partiality, honestly decide the appeals to the Assessment Review
Court that may be brought before me for trial as a member of the
Court."
1972, c. lll,s. 7.
Rules
8. Subject to the approval of the Lieutenant Governor
in Council, the Court shall make rules governing its practice
and procedure and the exercise of its powers. 1972, c. Ill,
s. 9.
sittings
of Court
R.S.O. 1980,
c. 31
9. The Court shall hold sittings at such place or places
within a county or district or a metropolitan or regional
or district municipality as the chairman from time to time
may designate for the purpose of hearing and deciding all
complaints relating to assessments in municipalities within
the county or district or the metropolitan or regional or
district municipality in respect of which a person may appeal
to' the Court under the Assessment Act or any other Act.
1973, c. 107, s. 2.
re^^n^"^' ^ ^* — ^^^ ^ Registrar of the Court and such regional registrars
registrars and Other officers and employees as are considered necessary shall
R.S.O. 1980, be appointed under the Public Service Act.
c. 4 18
Acting
regional
registrars
(2) In the absence for any reason of any regional registrar,
the Attorney General may appoint an acting regional registrar
who, while so acting, has all the powers and duties of a
regional registrar. 1972, c. Ill, s. 11.
Clerk of
Court and
record
1 1 . There shall be a clerk of the Court for each hearing
of the Court and the clerk shall keep a record of the pro-
ceedings and decisions of the Court, which shall be certified
by a member of the Court who heard the appeal and when so
certified shall be forwarded forthwith to the regional registrar.
1973, c. 107, s. 3.
Mon°forCmfrt ^^* Where sittings of the Court are to be held in a
municipality, the municipality shall provide a suitable room
and other necessary accommodation for holding the Court.
1972, c. HI, s. 13.
Sec. 4 (2) ASSIGNMENTS AND PREFERENCES Chap. 33 243
CHAPTER 33
Assignments and Preferences Act
1. In this Act, "judge" means a judge of the county orj^^erpre-
district court of the county or district in which the assignment
is required to be registered. R.S.O. 1970, c. 34, s. 1.
2. Where a judge is disquahfied to act in a matter arising where judge
under this Act, a judge of the county or district court of an ^®^"*^^®®**
adjoining county or district has jurisdiction to act in his place.
R.S.O. 1970. c. 34, s. 2.
3. Every confession of judgment, cognovit actionem or Numtyof
warrant of attorney to confess judgment given by a person, fessionsof
being at the time in insolvent circumstances or unable to pay i'tc^™®"''
his debts in full or knowing himself to be on the eve of insolvency,
voluntarily or by collusion with a creditor with intent thereby
to defeat, hinder, delay or prejudice his creditors wholly or in
part, or to give one or more of his creditors a preference over his
other creditors or over any one or more of them, is void as
against the creditors of the person giving the same and is
ineffectual to support any judgment or execution. R.S.O.
1970, c. 34, s. 3.
4. — (1) Subject to section 5, every gift, conveyance, assign- NuHityof
ment or transfer, delivery over or payment of goods, chattels ^rs. etc^"*^
or effects, or of bills, bonds, notes or securities, or of shares, ™f^^. ^'"^
J. . J J . intent to
dividends, premiums or bonus in any bank, company or cor- defeat or
poration, or of any other property, real or personal, made Creditor?
by a jjerson at a time when he is in insolvent circumstances
or is unable to pay his debts in full, or knows that he is on the
eve of insolvency, with intent to defeat, hinder, delay or
prejudice his creditors, or any one or more of them, is void as
against the creditor or creditors injured, delayed or prejudiced.
(2) Subject to section 5, every such gift, conveyance, assign- Hjl^ferences
ment or transfer, delivery over or payment made by a person
being at the time in insolvent circumstances, or unable to pay
his debts in full, or knowing himself to be on the eve of
insolvency, to or for a creditor with the intent to give such
creditor an unjust preference over his other creditors or over
any one or more of them is void as against the creditor or
creditors injured, delayed, prejudiced or postponed.
244
Chap. 33 ASSIGNMENTS AND PREFERENCES
Sec. 4 (3)
When there
Is presump-
tion of
intention if
transaction
has effect of
unjust
preference
(3) Subject to section 5, if such a transaction with or for a
creditor has the effect of giving that creditor a preference over
the other creditors of the debtor or over any one or more of
them, it shall, in and with respect to any action or proceeding
that, within sixty days thereafter, is brought, had or taken to
impeach or set aside such transaction, be presumed prima
facie to have been made with the intent mentioned in subsec-
tion (2), and to be an unjust preference within the meaning of
this Act whether it be made voluntarily or under pressure.
Idem
(4) Subject to section 5, if such a transaction with or for a
creditor has the effect of giving that creditor a preference
over the other creditors of the debtor or over any one or more
of them, it shall, if the debtor within sixty days after the
transaction makes an assignment for the benefit of his creditors,
be presumed /)nwa/aae to have been made with the intent men-
tioned in subsection (2), and to be an unjust preference within
the meaning of this Act whether it be made voluntarily or
under pressure.
"Creditor"
for certain
purposes to
include
surety and
endorser
(5) The word "creditor" in the fifth line of subsection (2), in
the second line of subsection (3), and in the second line of
subsection (4), includes any surety and the endorser of any
promissory note or bill of exchange who would upon payment
by him of the debt, promissory note or bill of exchange, in
respect of which such suretyship was entered into or such
endorsement was given, become a creditor of the person giving
the preference within the meaning of those subsections. R.S.O.
1970, c. 34, s. 4.
Assignments
for benefit of
creditors and
bona fide
sales, etc.,
protected
5. — (1) Nothing in section 4 applies to an assignment made
to the sheriff of the county or district in which the debtor
resides or carries on business or, with the consent of a majority
of his creditors having claims of $100 and upwards computed
according to section 24, to another assignee resident in Ontario,
for the purpose of paying rateably and proportionately and
without preference or priority all the creditors of the debtor
their just debts, nor to any bona fide sale or payment made
in the ordinary course of trade or calling to an innocent
purchaser or person, nor to any payment of money to a
creditor, nor to any bona fide conveyance, assignment, transfer
or delivery over of any goods or property of any kind, that
is made in consideration of a present actual bona fide payment
in money, or by way of security for a present actual bona
fide advance of money, or that is made in consideration of a
present actual bona fide sale or delivery of goods or other
property where the money paid or the goods or other property
sold or delivered bear a fair and reasonable relative value to the
consideration therefor.
Sec. 6 ASSIGNMENTS AND PREFERENCES Chap. 33 245
(2) In case of a valid sale of goods or other property and ^^^^/^Jf
payment or transfer of the consideration or part thereof by conaidera-
the purchaser to a creditor of the vendor under circumstances sale invalid
that would render void such a payment or transfer by the
debtor personally and directly, the payment or transfer, even
though valid as respects the purchaser, is void as respects the
creditor to whom it is made.
(3) Every assignment for the general benefit of creditors that ^®^ment
is not void under section 4, but is not made to the sheriff nor °°*^L^
to any other person with the prescribed consent of creditors, with Act
is void as against a subsequent assignment that is in con-
formity with this Act, and is subject in other respects to the
provisions thereof until and unless a subsequent assignment is
executed in accordance therewith.
(4) Where a payment has been made that is void under this security
^ ' r J given up
Act and any valuable security was given up in consideration of the upon void
payment, the creditor is entitled to have the security restored or its K returned
value made good to him before, or as a condition of, the return of
the payment.
(5) Nothing in this Act. Exceptions:
(a) affects the Wages Act or prevents a debtor providing for "^'^^^^
payment of wages due by him in accordance with that c. 526
Act;
(6) affects any payment of money to a creditor where the ^^J^-y|^ °^
creditor, by reason or on account of the payment, has
lost or been deprived of, or has in good faith given up,
any valid security that he held for the payment of
the debt so paid unless the security is restored or its
value made good to the creditor ;
(c) applies to the substitution in good faith of one gecSitfe^s"^
security for another security for the same debt so far
as the debtor's estate is not thereby lessened in value
to the other creditors; or
{d) invalidates a security given to a creditor for a pre- ^cSties
existing debt where, by reason or on account of the to be valid
giving of the security, an advance in money is made
to the debtor by the creditor in the bona fide belief
that the advance will enable the debtor to continue his
trade or business and to pay his debts in full. R.S.O.
1970. c. 34, s. 5.
6. No person, other than a permanent and bona fide resi- ^^f^^
dent of Ontario, shall be assignee under an assignment within
246
Chap. 33 ASSIGNMENTS AND PREFERENCES
Sec. 6
this Act, nor shall any assignee delegate his duties as assignee
to or appoint as deputy any person who is not a permanent
and bona fide resident of Ontario, and no charge shall be made
or recoverable against the assignor or his estate for any ser-
vices or other expenses of any such assignee, deputy or dele-
gate of any assignee who is not a permanent and bona fide
resident of Ontario. R.S.O. 1970, c. 34, s. 6.
Form of
assignment
for general
benefit of
creditors
R.S.O. 1980,
cc. 445, 230
7. Every assignment made under this Act for the general
benefit of creditors, if the property is described in the words
"all my personal property that may be seized and sold under
execution and all my real estate, credits and effects", or in
words to the like effect, vests in the assignee all the real and
personal estate, rights, property, credits and effects, whether
vested or contingent, belonging to the assignor at the time
of the assignment, except such as are by law exempt from
seizure or sale under execution, subject, however, as regards
land, to the Registry Act and the Land Titles Act. R.S.O.
1970, c. 34, s. 7.
All assign-
ments for
general
benefit of
creditors to
be subject
to this Act
8. Every assignment for the general benefit of creditors,
whether it is or is not expressed to be made under or in
pursuance of this Act and whether the assignment does or does
not include all the real and personal estate of the assignor,
vests the estate, whether real or personal or partly real and
partly personal, thereby assigned in the assignee therein
named for the general benefit of creditors, and the assign-
ment and the property thereby assigned is subject to all the
provisions of this Act, and the same applies to the assignee
named in such assignment. R.S.O. 1970, c. 34, s. 8.
How claims
are to rank
where
different
estates
9. If an assignor executing an assignment under this Act
for the general benefit of his creditors owes debts both
individually and as a member of a partnership or as a member
of different partnerships, the claims rank first upon the estate
by which the debts they represent were contracted and only
rank upon the other or others after all the creditors of such
other estate or estates have been paid in full. R.S.O. 1970,
c. 34, s. 9.
Appoint-
ment of
substituted
assignee
10.— (1) A majority in number and value of the creditors
who have proved claims to the amount of $100 or upwards
may substitute for the sheriff, or for an assignee under an
assignment to which subsection 5 (3) applies, a person residing in
the county or district in which the assignor resided or carried on
business at the time of the assignment.
Removal,
substitution
or addition
(2) An assignee may be removed and another substituted
or an additional assignee appointed by the judge.
Sec. 12 (1) ASSIGNMENTS AND PREFERENCES Chap. 33 247
(3) Where an assignee dies, a new assignee may be appointed Death of
in the manner provided by subsection (2).
(4) Where a new or additional assignee is appointed, the Effect on
estate vests in him or in him jointly with his co-assignee
without a conveyance or transfer, and he shall register a
verified copy of the resolution of the creditors or of the order
appointing him in the office in which the assignment was
registered.
(5) A verified copy of the resolution or of the order may be Registration
registered in the proper land registry office and the registration
thereof has the same effect as the registration of a con-
veyance. R.S.O. 1970, c. 34, s. 10.
11. — (1) Except as otherwise provided in this section, ^i^^ts of
1 11 1 • • 1 r • r , assignee
the assignee has the exclusive right of suing for the rescission
of agreements, deeds and instruments or other transactions
made or entered into in fraud of creditors or in violation of
this Act.
(2) Where a creditor desires to cause any proceeding to be^i^^tof
... J r o creditor in
taken that, in his opinion, would be for the benefit of the certain cases
estate and the assignee under the authority of the creditors or refuses
inspectors refuses or neglects to take such proceeding after
being required so to do, the creditor has the right to obtain
an order of the judge authorizing him to take the proceeding
in the name of the assignee, but at his own expense and risk,
upon such terms and conditions as to indemnity to the
assignee as the judge prescribes, and thereupon any benefit
derived from the proceeding, to the extent of his claim and
full costs, belongs exclusively to the creditor instituting the
proceeding for his benefit, but, if before such order is obtained
the assignee signifies to the judge his readiness to institute
the proceeding for the benefit of the creditors, the order
shall prescribe the time within which he shall do so, and in
that case the advantage derived from the proceeding, if
instituted within such time, belongs to the estate. R.S.O.
1970, c. 34, s. 11.
12. — (1) In the case of a gift, conveyance, assignment or p°oc°ed8of
transfer of any property, real or personal, that is invalid proi»rty
against creditors, if the person to whom the gift, conveyance, transferred
assignment or transfer was made has sold or disposed of,
realized or collected the property or any part thereof, the
money or other proceeds may be seized or recovered in an
action by a person who would be entitled to seize and
'ecover the property if it had remained in the possession
or control of the debtor or of the person to whom the
gift, conveyance, transfer, delivery or payment was made,
248
Chap. 33 ASSIGNMENTS AND PREFERENCES SeC. 12 (1)
and such right to seize and recover belongs not only to an
assignee for the general benefit of the creditors of the debtor
but, where there is no such assignment, to all creditors of
the debtor.
Taking pro-
ceeds under
execution
R.S.O. 1980,
c. 10,^
(2) Where there is no assignment for the benefit of
creditors and the proceeds are of such a character as to be
seizable under execution, they may be seized under the
execution of any creditor and are subject to the Creditors'
Relief Act.
Creditor
suing on
behalf of
himself and
other
creditors
Protection
of innocent
purchasers
Assignments
take pre-
cedence over
attachments,
etc.
(3) Where there is no assignment for the benefit of
creditors and whether the proceeds are or are not of such a
character as to be seizable under execution, an action may
be brought therefor by a creditor, whether an execution
creditor or not, on behalf of himself and all other creditors,
or such other proceedings may be taken as are necessary to
render the proceeds available for the general benefit of the
creditors.
(4) This section does not apply as against innocent
purchasers of the property. R.S.O. 1970, c. 34, s. 12.
13. An assignment for the general benefit of creditors
under this Act takes precedence over attachments, garnishee
orders, judgments, executions not completely executed by
payment, and orders appointing receivers by way of equitable
execution subject to the lien, if any, of an execution creditor
for his costs where there is but one execution in the sheriff's
hands or to the lien, if any, for the costs of the creditor
who has the first execution in the sheriff's hands. R.S.O.
1970, c. 34, s. 13.
Waiver of
claims by
Crown
14. Where the Crown has a claim in respect of estreated
bail against the estate of a person who makes an assignment
for the benefit of his creditors, the Lieutenant Governor in
Council may waive any preference in respect of such claim that
the Crown has against such estate by virtue of its prerogative
right. R.S.O. 1970, c. 34, s. 14.
Amendment
by judge
15. No advantage shall be obtained by any creditor by
reason of any mistake, defect or imperfection in an assignment
under this Act for the general benefit of creditors if the assign-
ment can be amended or corrected, and any such mistake,
defect or imperfection shall be amended by the judge on the
application of the assignee or of any creditor of the assignor,
and on such notice to other parties concerned as the judge
thinks reasonable, and the amendment, when made, shall be
related back to the date of the assignment, but not so as to
prejudice the rights of innocent purchasers. R.S.O. 1970, c. 34,
s. 15.
Sec. 18 ASSIGNMENTS AND PREFERENCES Chap. 33 249
16. — (1) A notice of the assignment shall, forthwith after P"*»ii8hing
the delivery thereof to him or his assent thereto, be published assignment
by the assignee at least once in The Ontario Gazette and not less
than twice in a newspaper having a general circulation in the
county or district in which the property assigned is situate.
(2) The assignment or a copy thereof shall also, within five ^®g^^^^^^°f
days from the execution thereof, be registered by the assignee,
together with an affidavit of a witness thereto of the due
execution of the assignment, in the office of the clerk of the
county or district court of the county or district in which the
assignor, if a resident in Ontario, resided at the time of the
execution thereof, or if not a resident then in the office of
the clerk of the county or district court of the county or district
where the personal property so assigned or where the principal
part thereof is at the time of the execution of the assignment,
and the clerk shall number and enter the assignments and
endorse thereon the time of receiving them, and they shall
be open for the inspection of all persons desiring to inspect
them.
(3) The clerk is entitled to the same fees for services as if Fees of
the assignment had been registered under the Personal Property ^" ^ j^^^
Security Act. ' c. .^75 '
(4) For the purposes of subsection (2), the Provisional County of Haiibiirton
Haliburton shall be deemed part of the County of Victoria.
R.S.O. 1970, c. 34, s. 16.
17. — (1) If the notice is not published as provided by sec- ^®°^^ctin°'^
tion 16 or if the assignment is not registered within five days publication
from the delivery thereof to the assignee or his assent thereto, registration
the assignee is liable to a penalty of $10 for each day during
which the default continues.
(2) The burden of proving the time of such delivery or assent onus of
is upon the assignee.
(3) Where the assignment is made to a sheriff, he shall not ^^triff*^^"^
incur the penalty unless he has been paid or tendered the cost
of advertising and of registering the assignment, nor is he
bound to act under the assignment until his costs in that
behalf are paid or tendered to him. R.S.O. 1970, c. 34, s. 17.
18. If the assignment is not registered or notice thereof is pugiiSii^
not published, the judge may, upon the application of registration
any person interested in the assignment, by order enforce
the registration of the assignment or the publication of the
notice. R.S.O. 1970, c. 34, s. 18.
250
Chap. 33
ASSIGNMENTS AND PREFERENCES
Sec. 19
Omission
to publish,
etc.
19. The omission to publish or register as required by
section 16 does not, nor does any irregularity in the pub-
lication of registration, invalidate the assignment. R.S.O.
1970, c. 34, s. 19.
Duty to
call meeting
of creditors
20. — (1) It is the duty of the assignee immediately to
inform himself, by reference to the assignor and his records of
account, of the names and residences of the assignor's creditors,
and, within five days from the date of the assignment, to call a
meeting of the creditors for the appointment of inspectors and the
giving of directions with reference to the disposal of the estate by
sending by registered mail to every creditor known to him a notice
calling the meeting to be held in his office or some other convenient
place to be named in the notice not later than twelve days after the
mailing thereof, and by advertisement in The Ontario Gazette.
other
meetings
(2) All other meetings to be held shall be called in like
manner. R.S.O. 1970, c. 34, s. 20.
Appointjne^t 21. — (1) The creditors at any meeting may appoint one
or more inspectors who shall superintend and direct the
proceedings of the assignee in the management and winding up
of the estate, and the creditors may also at any subsequent
meeting for that purpose revoke the appointment of any
inspector.
Appointment (2) Where the appointment of an inspector is revoked or
inspector where an inspector dies, resigns his office or leaves Ontario,
the creditors at any meeting may appoint another inspector
to take his place.
Inspector (3) An inspector shall not directly or indirectly purchase
purchase any part of the stock in trade, debts or other assets of
the assignor. R.S.O. 1970, c. 34, s. 21.
Meeting of
creditors by
request of
majority
thereof
22. — (1) In the case of a request in writing signed by a
majority of the creditors having claims duly proved of $100
and upwards, computed according to section 24, it is the duty
of the assignee, within two days after receiving the request,
to call a meeting of the creditors for a day not later than twelve
days after he receives the request, and in case of default the
assignee shall incur a penalty of $25 for every day after the
expiration of the time limited for calling the meeting until
it is called.
Power of
judge
(2) In case a sufficient number of creditors do not attend the
meeting mentioned in section 20 or fail to give directions with
reference to the disposal of the estate, the judge may give
such directions as he considers necessary for that purpose.
R.S.O. 1970, c. 34, s. 22.
Sec. 24 (4) ASSIGNMENTS AND PREFERENCES Chap. 33 251
23. At any meeting of creditors, the creditors may voteVotingat
in person or by proxy authorized in writing, but no creditor
whose vote is disputed is entitled to vote until he has
filed with the assignee an affidavit in proof of his claim,
stating the amount and nature thereof. R.S.0. 1970, c. 34, s. 23.
24. — (1) Subject to section 10, all questions at meetings ^^^j| °^
of creditors shall be decided by the majority of votes, and
for such purpose the votes of creditors shall be calculated
as follows :
1. For every claim of or over $100 and not exceeding
$200, one vote.
2. For every claim over $200 and not exceeding $500,
two votes.
3. For every claim over $500 and not exceeding $1,000,
three votes.
4. For every additional $1,000 or fraction thereof,
one vote.
(2) No person is entitled to vote on a claim acquired ^pon claims
after the assignment unless the entire claim is acquired, but after
- . , ° , , .7; , assignment
this does not apply to persons acquiring notes, bills or other
securities upon which they are liable.
(3) In the case of a tie, the assignee or, if there are^^^^°^
two assignees, the assignee nominated for that purpose by
the creditors or by the judge, if none has been nominated
by the creditors, has a casting vote.
(4) Every creditor in his proof of claim shall state whether ^cumfes
he holds any security for his claim or any part thereof, and
if such security is on the estate of the assignor or on the
estate of a third person for whom the assignor is only secondarily
liable, he shall put a specified value thereon and the assignee,
under the authority of the creditors, may either consent to the
creditor ranking for the claim after deducting such valuation
or he may require from the creditor an assignment of the secu-
rity at an advance of 10 per cent upon the specified value to be
paid out of the estate as soon as the assignee has realized
the security, and in such case the difference between the
value at which the security is retained and the amount of
the gross claim of the creditor is the amount for which he
shall rank and vote in respect of the estate.
252
Chap. 33 ASSIGNMENTS AND PREFERENCES Sec. 24 (5)
fevaiuMn ^^^ ^^ ^ Creditor's claim is based upon a negotiable in-
certain cases strument upon which the assignor is only indirectly or
secondarily liable and that is not mature or exigible, the
creditor shall be considered to hold security within the mean-
ing of this section and shall put a value on the liability
of the person primarily liable thereon as being his security
for the payment thereof, but after the maturity of such
liability and its non-payment he is entitled to amend his
claim and revalue his security.
Where
creditor
holdlngr
security
falls to
value It
(6) Where a person claiming to be entitled to rank on the
estate holds security for his claim, or any part thereof, of such
a nature that he is required by this Act to value the
security and he fails to value it, the judge, upon summary
application by the assignee or by any other person interested in
the estate, of which application at least three days notice shall
be given to the claimant, may order that, unless a specified value
be placed on the security and the assignee is notified in
writing within a time to be limited by the order, the
claimant is, in respect of the claim, or the part thereof for which
the security is held in case the security is held for part
only of the claim, wholly barred of any right to share in the
proceeds of the estate.
Conse-
quences of
neglect of
order
(7) If a specified value is not placed on the security or
the assignee is not notified in writing according to the
exigency of the order or within such further time as the
judge by subsequent order allows, the claim, or the part,
as the case may be, is wholly barred as against the estate,
but without prejudice to the liability of the assignor
therefor. R.S.O. 1970, c. 34, s. 24.
Proof of
claim
25. — (1) Every person claiming to be entitled to rank on
the estate shall furnish to the assignee particulars of his
claim proved by affidavit and such vouchers as the nature of
the case admits.
Limiting
time for
proof of
claim
(2) Where a person claiming to be entitled to rank on the
estate does not, within a reasonable time after receiving notice
of the assignment and of the name and address of the assignee,
furnish to the assignee satisfactory proofs of his claim as
provided by this and the preceding sections, the judge
upon summary application by the assignee or by any other
person interested in the estate, of which application at least
three days notice shall be given to the claimant, may order
that unless the claim is proved to the satisfaction of the
judge within a time to be limited by the order, the claimant
shall be deemed to be no longer a creditor of the estate
and is wholly barred of any right to share in the proceeds
thereof.
Sec. 26 (4) ASSIGNMENTS AND PREFERENCES Chap. 33 253
(3) If the claim is not so proved within the time so conse-
limited or within such further time as the judge by sub- negfea to^
sequent order allows, it is wholly barred and the assignee is at p^'o^^^^**™
liberty to distribute the proceeds of the estate as if no such
claim existed, but without prejudice to the hability of the
assignor therefor.
(4) Subsections (2) and (3) do not interfere with the protection "^'ot «« 'n-
afforded to assignees by section 53 of the Trustee Act. rs^o.Tqso,
c. 512
(5) A person whose claim has not accrued due is never- creditor
theless entitled to prove under the assignment and to vote at cia^not*
meetings of creditors, but in ascertaining the amount of any *^^*
such claim a deduction for interest shall be made for the
time that has to run until the claim becomes due. R.S.O.
1970,c. 34,s. 25.
26. — (1) At any time after the assignee receives from go°*J^**-
any person claiming to be entitled to rank on the estate claim
proof of his claim, notice of contestation of the claim may
be served by the assignee upon the claimant.
(2) Within thirty days after the receipt of the notice, or limitation
within such further time as the judge allows i an action
shall be brought by the claimant against the assignee to
establish the claim, and a copy of the writ in the action,
or of the summons in case the action is brought in a small
claims court, shall be served on the assignee, and in default of
such action being brought and writ or summons served within
the time limited the claim to rank on the estate is forever
barred.
(3) The notice by the assignee shall contain the name and ^ervice on^
place of business of a solicitor upon whom service of the assignee
writ or summons may be made, and service upon him shall be
deemed sufficient service.
(4) Where prior to the assignment an action has been Rigriit of
&8SlGril.66
commenced against the assignor and is pending at the time of the to compel
^ °, ^ u .L- J 4.U plalntiffto
assignment, the assignee may, by notice served upon the proceed
plaintiff in the action, require him to proceed, and he is^ahi*t"°°
bound to proceed in that action to establish his claim, instead *^^^'^°'"
of bringing an action against the assignee as provided for by
subsection (2), and the plaintiff may thereupon apply to the court
in which the action is brought for an order adding the assignee as a
party defendant in the action, and the assignee may be so added
upon such terms as to the costs that may be subsequently incurred
as the court or a judge thereof, or the judge making the order,
directs. R.S.O. 1970, c. 34, s. 26.
254
Chap. 33 ASSIGNMENTS AND PREFERENCES Sec. 27 (1)
Procedure
where
assignee
is satisfied
but assignor
desires to
dispute
27. — (1) If the assignee is satisfied with the proof adduced
in support of a claim but the assignor disputes it, the
assignor shall do so by notice in writing to the assignee, stating
the grounds upon which he disputes the claim, and the
notice shall be given within ten days after the assignor is
notified in writing by the assignee that he is satisfied with the
proof adduced and not afterwards unless by leave of the
judge.
Where
assignee
does not
require
action to be
brought
(2) If Upon receiving such notice of dispute the assignee
does not consider it proper to require the claimant to bring an
action to establish his claim, he shall notify the assignor
in writing of the fact, and the assignor may thereupon,
and within ten days of his receiving such notice, apply to the
judge for an order requiring the assignee to serve a notice of
contestation.
Conditions
(3) The order shall be made only if, after notice to the
assignee, the judge is of opinion that there are good
grounds for contesting the claim.
d^^^sfonof (^) ^^ ^^^ assignor does not make such an application,
assignee the decisiou of the assignee is, as against him, final and
conclusive.
Decision of
judge on
validity of
claim
(5) If upon the application the claimant consents in
writing, the judge may in a summary manner decide the
question of the validity of the claim.
Intervention
by assignor
at trial
(6) If an action is brought by the claimant against the
assignee, the assignor may intervene at the trial either
personally or by counsel for the purpose of calling and
examining or cross-questioning witnesses. R.S.O. 1970, c. 34,
S.27.
Retention of
assets in
Ontario
and deposit
of moneys
28. — (1) No property or assets of an estate assigned under
this Act shall be removed out of Ontario without the order
of the judge, and the proceeds of the sale of any such property
or assets and all moneys received on account of any
estate shall be deposited by the assignee in a chartered bank
in Ontario and shall not be withdrawn or removed without the
order of the judge, except in payment of dividends and
charges incidental to winding up the estate.
Penalty (2) An assignee or any person acting in his stead
contravenes this section is liable to a penalty of $500.
who
Application
of penalty
(3) One-half of the penalty goes to the person suing
therefor and the other half belongs to the estate.
Sec. 33 (1) ASSIGNMENTS AND PREFERENCES Chap. 33 255
(4) In default of payment of the penalty and all costs i^prtfon-
,. .^■' ,. r, mentin
incurred in an action or proceeding for the recovery thereof default of
within the time limited by the judgment, the court in which the of p^auy
action is brought may order that such assignee or p)erson may be
imprisoned for any period not exceeding thirty days, and
such assignee or person is disqualified from acting as
assignee of any estate while the default continues. R.S.O.
1970. c. 34, s. 28.
29. Upon the expiration of one month from the first ^^^°°°** ^°
meeting of creditors or as soon as may be thereafter and accessible
afterwards from time to time at intervals of not more than
three months, the assignee shall prepare, and keep con-
stantly accessible to the creditors, accounts and state-
ments of his doings as assignee and of the position of the
estate. R.S.O. 1970, c. 34, s. 29.
30. The law of set-off applies to all claims made against the set-off
estate, and also to all actions instituted by the assignee
for the recovery of debts due to the assignor, in the same
manner and to the same extent as if the assignor were
plaintiff or defendant, as the case may be, except in so far as any
claim for set-off is affected by this or any other Act respecting
frauds or fraudulent preferences. R.S.O. 1970, c. 34, s. 30.
31. As large a dividend as can be paid with safety shall Dj^^^^^nds.
be paid by every assignee within twelve months from the be paid
date of the assignment, and earlier if required by the
insf)ectors, and thereafter a further dividend shall be paid
every six months and more frequently if required by the
inspectors, until the estate is wound up and disposed of.
R.S.O. 1970. c. 34, s. 31.
32. As soon as a dividend sheet is prepared, notice Notice of
thereof shall be given by registered mail to each creditor, sheet
enclosing an abstract of receipts and disbursements, showing
what interest has been received by the assignee for money
in his hands, together with a copy of the dividend sheet,
noting thereon the claims objected to, and stating whether
any reservation has or has not been made therefor, and after the
expiry of eight days from the date of mailing the notice,
abstract and dividend sheet, dividends on all claims not
objected to within that period shall be paid. R.S.O. 1970,
c. 34, s. 32.
33. — (1) The assignee mav take the proceedings author- Distributing
° ' '^ .11 monevs and
ized by section 32 of the Creditors' Relief Act to be taken by adetermininK
sheriff, and in that case sections 32 and 33 of that Act apply with ^^"J^
necessary modifications to proceedings for the distribution of c. 103
money and determination of claims arising under an assignment
256
Chap. 33
ASSIGNMENTS AND PREFERENCES SeC. 33 (1)
R.S.O. 1980,
c. 103
made under this Act, with the substitution of "assignee" for
"sheriff, but this section does not reheve the assignee from mail-
ing to each creditor the abstract and other information required by
section 32 of this Act to be sent to creditors so far as the same is not
contained in the Hst sent by him under section 32 of the Creditors'
Relief Act.
To what
judge
application
to oe made
(2) A judge of the county or district court of the
county or district where the assignment is required to be
registered is the judge to whom applications under this
section shall be made. R.S.O. 1970, c. 34, s. 33.
Remunera-
tion of
assignee
34. The assignee shall receive such remuneration as is
voted to him by the creditors at a meeting called for the
purpose after the first dividend sheet has been prepared,
or by the inspectors, in case the creditors fail to provide therefor,
subject to review by the judge upon complaint of the assignee
or of any creditor. R.S.O. 1970, c. 34, s. 34.
Where re-
muneration
not fixed
before the
final
dividend
35. Where the remuneration of the assignee has not been
fixed under section 34 before the final dividend, the assignee
may insert in the final dividend sheet, and retain as his
remuneration, a sum not exceeding 5 per cent of the cash
receipts, subject to review by the judge, but no application
by the assignee to review the allowance shall be entertained
unless the question of his remuneration has been brought before
a meeting of creditors competent to decide the same
before the preparation of the final dividend sheet. R.S.O.
1970, c. 34, s. 35.
Remunera-
tion of
inspectors
36. — (1) An assignee shall not make any payment or allow-
ance to an inspector beyond his actual and necessary
travelling expenses in and about his duties as inspector
except under the authority of a resolution of the creditors
passed at a meeting regularly called fixing the amount
thereof, and in the notice calling the meeting the fixing of the
remuneration of the inspectors shall be specially mentioned
as one of the subjects to be brought before the meeting.
Limit of
allowance
(2) An inspector shall not be allowed more than $4 a day
besides his actual travelling expenses. R.S.O. 1970, c. 34,
S.36.
Examination
of assignor
or
employees
37. — (1) Upon a resolution passed by a majority vote
of the creditors present or represented at a meeting of
creditors regularly called, or upon the written request of a
majority of the inspectors, or upon an order made by the
judge, the assignee may examine upon oath before a master,
local master, local registrar, judge of the county or district
court, special examiner, official referee or any other person
Sec. 39 ASSIGNMENTS AND PREFERENCES Chap. 33 257
named in the order, the assignor or any person who is or
has been his agent, clerk, servant, officer or employee
of any kind, touching the estate and effects of the assignor,
and as to the property and means he had when the
earliest of his debts or liabilities existing at the date of the
assignment was incurred, and as to the property and means
he still has of discharging his debts and liabilities, and
as to the disposal he has made of any property since
contracting such debt or incurring such liability, and as to
any and what debts are owing to him, and the person
examined may be required by the assignee to produce
upon such examination any property, book, document or
paper in his custody, power or control.
(2) Unless otherwise ordered, the examination shall take where
place in the county or district in which the person to be to take
examined resides. ^^^^^
(3) The rules and procedure of the Supreme Court as to Procedure
the examination of a judgment debtor, or any clerk or examination
employee or former clerk or employee of a judgment
debtor, so far as may be, apply to an examination held
under subsection (1). R.S.O. 1970, c. 34, s. 37.
38, Any person who has or is believed or suspected of^p^o*g^°°
having in his possession or power any book, document or paving ^^
paper of any kind relating in whole or in part to the property of
assignor, his dealings or property and who refuses or fails
to produce such book, document or paper for the inspection
of the assignee within four days after demand in writing
by the assignee may by order of the judge be examined
before the judge or any of the officers mentioned in section
37 touching such book, document or paper, and he is
subject to the same consequences in the case of neglect to
attend or refusal to disclose the matters in respect of
which he may be examined or to make such production
as is mentioned in section 40. R.S.O. 1970, c. 34, s. 38.
39. If the assignor does not attend for examination and^hen^^^
does not allege a sufficient excuse for not attending or, if does not
o , . 1 , ■ 1 • attend or
attending:, he refuses to disclose his property or his trans- refuses to
actions respecting his property or does not make satisfactory questions
answers respecting his property or if it appears from such
examination that the assignor has concealed or made away
with his property in order to defeat or defraud his creditors
or any of them, the judge may order the assignor to be committed
to a correctional institution in the county or district in which
he resides for any period not exceeding twelve months.
R.S.O. 1970, c. 34, s. 39.
258
Chap. 33 ASSIGNMENTS AND PREFERENCES
Sec. 40
Compelling
attendance
and
production
of books
40. Any person, other than the assignor, liable to be
examined is subject to the same consequences in case of
neglect to attend or refusal to disclose the matters in
respect of which he may be examined or to make production
as a witness in an action in the Supreme Court. R.S.O.
1970, c. 34, s. 40.
Sec. 4 (3) ATHLETICS CONTROL Chap. 34 259
CHAPTER 34
Athletics Control Act
1. In this Act, interpre-
tation
{a) "Commissioner" means the Athletics Commissioner;
(b) "Minister" means the Minister of Consumer and Com-
mercial Relations or such other member of the Executive
Council to whom the administration of this Act is
assigned by the Lieutenant Governor in Council;
(c) "official" includes an examiner, judge, master of
ceremonies, legally qualified medical practitioner,
referee and timekeeper;
(d) "person" includes a corporation, association, club
and any unincorporated organization ;
(e) "professional contest or exhibition" means a profes-
sional contest or exhibition of baseball, bicycle riding,
boxing, dancing, golf, hockey, jaialai, lacrosse, motor-
cycle riding, physical prowess whether by contortion
or otherwise, rowing, rugby, running, skating whether
speed skating or figure skating, soccer, swimming,
tennis, wrestling or any professional contest or exhibi-
tion of any other sport or game designated by the
Lieutenant Governor in Council. R.S.O. 1970, c. 35,
s. 1; O. Reg. 258/79.
2. The administration of this Act is under the direction Direction
and control
and control of the Minister. R.S.O. 1970, c. 35, s. 2.
3. An Athletics Commissioner shall be appointed by the commis-*
Lieutenant Governor in Council. R.S.O. 1970, c. 35, s. 3. sioner
4. — (1) The Commissioner may issue licences under this q^^^^°^
Act and the regulations. missioner
(2) The Commissioner shall assist, promote and encourage idem
R.SC
c. 80
amateur sport in community recreation centres under the Com- •* ^.o. i980,
munity Recreation Centres Act and associations of amateur
sportsmen.
(3) The Commissioner is responsible for the supervision of i**®"*
professional contests and exhibitions and, under the direction
and control of the Minister, shall assist in the administration
of this Act and the regulations. R.S.O. 1970, c. 35, s. 4.
260
Tax
Chap. 34
ATHLETICS CONTROL
Sec. 5 (1)
5. — (1) Every person conducting a professional boxing or
wrestling contest or exhibition shall pay to the Minister an
amount not less than 1 per cent and not more than 5 per cent
of the gross receipts in respect of such contest or exhibition
as shall be determined by the Minister with the approval of
the Lieutenant Governor in Council.
^s^uction (2) Where a professional contest or exhibition is not the
sole or main attraction offered at a presentation or exhibition
for which admission is charged, the Minister may accept such
amount as in the circumstances he considers proper in lieu
of the percentage of the gross receipts payable under subsec-
tion (1).
Idem
(3) If the Minister is satisfied that the entire proceeds of
a professional contest or exhibition are for charitable purposes,
he may accept such amount as in the circumstances he
considers proper in lieu of the percentage of the gross receipts
payable under subsection (1).
JAax"^"" (4) Every person conducting a professional contest or exhibi-
tion shall, within three days of the holding of such contest or
exhibition, remit to the Minister by registered mail the amount
payable under subsection (1).
Offence
(5) Every person who conducts or participates in conduct-
ing or holding a professional contest or exhibition and who
fails to comply with this section, in addition to the payment
of the amounts provided in subsection (1), is guilty of an
offence and on conviction is liable to a fine or not less
than an amount equal to such amounts. R.S.O. 1970, c. 35,
s. 5.
Impounding
of boxing
and
wrestling
purses, etc.
6. — ( 1 ) Where the Commissioner or any other person charges,
(a) that a boxing or wrestling contest or exhibition was
conducted in contravention of this Act or the regu-
lations; or
(b) that an agreement, contract or undertaking with
respect to any boxing or wrestling contest or exhibi-
tion was entered into in contravention of this Act or
the regulations ; or
(c) that the conduct of a person connected with or
participating in a boxing or wrestling contest or exhi-
bition was in contravention of this Act or the regu-
lations or was not in the interest of boxing or wrestling,
Sec. 9 ATHLETICS CONTROL Chap. 34 261
the Commissioner may order any person to deliver to him
forthwith any moneys that were paid or may be payable in
connection with such contest or exhibition and such moneys
shall be impounded by him pending the disposition of the
charge.
(2) The Minister may direct the Commissioner or any other investigra-
person to hold an investigation into the charge so made and
to report thereon to him and, if in his opinion the charge has
been proven, he may declare the moneys impounded to be
forfeited, and such moneys thereupon become the property of
the Crown.
(3) If the Minister does not direct an investigation or if he is Release of
ImDOUDuGQ
of the opinion that the charge has not been proven, he shall moneys
order any moneys impounded to be released.
(4) Every person who fails to deliver moneys to the Com- offence
missioner in pursuance of an order made under subsection (1)
is guilty of an offence and on conviction is liable to a fine of not less
than an amount equal to twice the amount of the moneys ordered
to be delivered. R.S.O. 1970, c. 35, s. 6.
7. The Minister may direct the Commissioner or any other investiga-
person to hold an investigation,
(a) where a branch of the Amateur Athletic Union of
Canada in Ontario or a league, body or f)erson con-
nected with amateur sport operating in Ontario
requests the Minister to cause an investigation to
be held into any matter that the branch, league,
body or person considers should be investigated in
the interest of amateur sport in Ontario; or
{b) upon any matter that is considered by the Minister to
be in the pubHc interest. R.S.O. 1970. c. 35, s. 7.
8. For the purposes of an investigation under section 6 i^vMWgaUon
or 7, the Commissioner or other person holding such investiga-
tion has the powers of a commission under Part II of the
Public Inquiries Act , which Part applies to the investigation as if it ^^^^^ >98o,
were an inquiry under that Act. R.S.O. 1970, c. 35,
s. 8; 1971, c. 49, s. 18.
9. The moneys received by the Minister under section 5, ?*y'g«°^
together with all moneys received from licence and Permit soMated
fees, fines and other pecuniary penalties and the impounding Fund
of purses or other remuneration, shall be paid into the Con-
solidated Revenue Fund. R.S.O. 1970, c. 35, s. 9.
262
Chap. 34
ATHLETICS CONTROL
Sec. 10(1)
Prohibiting
use of
building
10. — (1) Where moneys payable to the Minister under this
Act or the regulations in respect of a professional contest or
exhibition or a contest or exhibition of amateur boxing or
wrestling are not received by the Minister within one week of
the holding of such contest or exhibition, the Minister may
direct that the building or other place where such contest or
exhibition was held shall not be used for the holding of any
professional contest or exhibition or any contest or exhibition
of amateur boxing or wrestling until such moneys have been
paid to the Minister.
Offence (2) Where notice in writing of a direction made under sub-
section (1) is served upon or sent by registered mail to the owner,
lessee or other person having control over the building or other
place, such owner, lessee or other person is guilty of an offence and
on conviction is liable to a fine of not less than $20 and not more
than $100 in respect of every professional contest or exhibition or
contest or exhibition of amateur boxing or wrestling held in such
building or at such place during the continuance in force of such
direction. R.S.O. 1970, c. 35, s. 10.
Contracts
to manage
professional
boxers and
wrestlers
1 1 . A contract or agreement entered into for the manage-
ment of a person taking part in professional boxing or wrestling
contests or exhibitions, or for the taking part in any such
contest or exhibition, is not valid or of any force or effect
unless it is in writing signed by the parties thereto and
approved by the Commissioner, and the Commissioner may
at any time, by notice in writing to the parties, revoke any
approval given by him and thereupon the contract or agree-
ment is for all purposes void and of no effect. R.S.O. 1970,
c. 35, s. 11.
Powers of
Commis-
sioner
12.— (1) The Commissioner may,
(a) delegate to any person any of the powers or duties
conferred or imposed upon him by this Act or the
regulations ;
(6) designate the officials for any professional contest or
exhibition or any amateur boxing or wrestling contest
or exhibition and fix the fees that shall be paid to
them by the person holding the contest or exhibition.
Admission
to contests
and
exhibitions
(2) The Commissioner or a person to whom he has delegated
any of his powers or duties shall be admitted without charge to
professional contests and exhibitions and amateur boxing
and wrestling contests and exhibitions. R.S.O. 1970, c. 35,
s. 12.
Sec. 13 (1) (c) ATHLETICS CONTROL Chap. 34 263
13. — (1) Subject to the approval of the Lieutenant Gov- ^^"^*"°°«
ernor in Council, the Minister may make regulations,
{a) prescribing the powers and duties of the Commis-
sioner ;
(6) authorizing the Commissioner,
(i) to order any amateur or professional boxing
contest or exhibition to be stopped if he con-
siders it necessary,
(ii) to approve the persons who may take part in
professional boxing contests or exhibitions of
more than ten three-minute rounds,
(iii) to designate the time and place of weighing-in
for amateur and professional boxers and
wrestlers,
(iv) to prescribe the time limit for amateur and pro-
fessional boxing and wrestling contests and
exhibitions,
(v) to direct a professional boxing contest or exhi-
bition to be held notwithstanding a boxer
under contract to take part therein is over-
weight,
(vi) to settle disputes referred to him by profes-
sional boxers and persons holding professional
boxing contests or exhibitions,
(vii) to permit a substitute for a boxer who is unable
or refuses to take part in a professional boxing
contest or exhibition, and
(viii) to determine the announcements that may be
made from the ring in amateur and professional
boxing and wrestling contests and exhibitions
in addition to those authorized by the regula-
tions ;
{c) prescribing the equipment to be used for and the
rules applicable to the conduct of amateur and pro-
fessional boxing and wrestling contests and exhibi-
tions, including the appointment and duties of the
officials of the contests and exhibitions, the definition
of fouls and the manner of determining the winners ;
264 Chap. 34 ATHLETICS CONTROL Sec. 13 (1) (d)
{d) providing for the issuing of licences and permits for
the holding of amateur and professional boxing and
wrestling contests and exhibitions and for the suspen-
sion and cancellation of such licences and the cancella-
tion of such permits;
{e) providing for the licensing of amateur and professional
boxers and wrestlers, managers of professional boxers
and wrestlers, referees, seconds and other officials
officiating at amateur or professional boxing or
wrestling contests or exhibitions and for the suspen-
sion and cancellation of such licences ;
(/) providing for the payment of fees for licences and
permits and the manner of collecting such fees;
is) providing for payment to the Minister of a fee or
charge by way of a licence fee or otherwise in respect
of the holding of any amateur boxing or wrestling
contest or exhibition and for the manner of collecting
such fee or charge;
{h) authorizing the Commissioner to levy fines or other
pecuniary penalties against officials or against persons
who are the holders or who by the regulations are
required to be the holders of licences under this Act
for failure to comply with any provision of this Act
or of the regulations ;
(i) prescribing the forms of contracts to be used in con-
nection with the services and management of pro-
fessional boxers and wrestlers ;
{j) prescribing the duties of persons holding amateur or
professional boxing or wrestling contests or exhibi-
tions ;
{k) prescribing the security to be furnished to the Com-
missioner by persons holding professional boxing or
wrestling contests or exhibitions to ensure payment
of officials and contestants and the amount payable
to the Minister under section 5 ;
(/) regulating the holding and conduct of professional
contests or exhibitions of dancing, swimming, row-
ing and tennis;
(m) prescribing the classes of persons who may take part
in amateur and professional boxing and wrestling
contests and exhibitions;
Sec. 13 (3) ATHLETICS CONTROL Chap. 34 265
(«) defining "amateur" and "professional" for the pur-
poses of this Act and the regulations;
(o) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
(2) Every person who contravenes any provision of this Act General
or of the regulations is guilty of an offence and on conviction is
liable, if no other penalty is provided, to a fine of not less than $20
and not more than $1,000.
(3) Where a fine or other pecuniary penalty has been levied Duplication
by the Commissioner under the regulations and such fine or
other penalty has been paid, no proceedings shall be taken
under the Provincial Offences Act in respect of the same R so. iggo,
matter. R.S.O. 1970, c. 35, s. 13. ^^°°
Sec. 1 (d) AUDIT Chap. 35 267
CHAPTER 35
..-^.Audit Act
1 . In this Act, interpre-
tation
{a) "agency of the Crown" means an association,
authority, board, commission, corporation, council,
foundation, institution, organization or other body,
(i) whose accounts the Auditor is appointed
to audit by its shareholders or by its board
of management, board of directors or other
governing body,
(ii) whose accounts are audited by the Auditor
under any other Act or whose accounts the
Auditor is appointed by the Lieutenant
Governor in Council to audit,
(iii) whose accounts are audited by an auditor,
other than the Auditor, appointed by the
Lieutenant Governor in Council, or
(iv) the audit of the accounts of which the Auditor
is required to direct or review or in respect
of which the auditor's report and the work-
ing papers used in the preparation of the
auditor's statement are required to be made
available to the Auditor under any other Act,
but does not include one that the Crown Agency Act ^^^ ^^^'
states is not affected by that Act or that any other Act
states is not a Crown agency within the meaning or for
the purposes of the Crown Agency Act;
(b) "Assistant Auditor" means the Assistant Provincial
Auditor ;
(c) "Auditor" means the Provincial Auditor;
id) "Board" means the Board of Internal Economy referred
to in section 84 of the legislative Assembly Act; RS.o. i980,
268
Chap. 35
AUDIT
Sec. 1 (e)
R.S.O. 1980,
c. 291
(e) "Crown controlled corporation" means a corporation
that is not an agency of the Crown and having
50 per cent or more of its issued and outstanding
shares vested in Her Majesty in right of Ontario
or having the appointment of a majority of its
board of directors made or approved by the
Lieutenant Governor in Council ;
if) "fiscal year" has the same meaning as in the
Ministry of Treasury and Economics Act;
{g) "inspection audit" means an examination of ac-
counting records;
{h) "Office of the Auditor" means the Office of the
Provincial Auditor;
R.S.O. 1980,
c. 161
(i) "public money" has the same meaning as in the Finan-
cial Administration Act. 1977, c. 61, s. 1; 1979, c. 34,
,s. 1.
Office
of the
Auditor
2. The Office of the Provincial Auditor shall consist of
the Auditor, the Assistant Auditor and such employees as
may be required from time to time for the proper conduct
of the business of the Office. 1977, c. 61, s. 2.
Provincial
Auditor
3. The Auditor shall be appointed as an officer of the
Assembly by the Lieutenant Governor in Council on the
address of the Assembly after consultation with the chairman
of the standing Public Accounts Committee of the Assembly.
1977, c. 61, s. 3.
Tenure of
ofQce and
removal
4. The Auditor may hold office until the end of the
month in which he attains the age of sixty-five years and
may be reappointed for a period not exceeding one year at
a time until the end of the month in which he attains
seventy years of age, but is removable at any time for
cause by the Lieutenant Governor in Council on the address
of the Assembly. 1977, c. 61, s. 4.
Salary of
Auditor
5. — (1) The Auditor shall be paid a salary within the
highest range of salaries paid to deputy ministers in the
Ontario civil service and is entitled to the privileges of
office of a senior deputy minister.
Idem
(2) The salary of the Auditor, within the salary range
referred to in subsection (1), shall be determined and reviewed
annually by the Board.
Sec. 9 (3) (a) audit Chap. 35 269
(3) The salary of the Auditor shall be charged to and ^^^^
paid out of the Consolidated Revenue Fund. 1977, c. 61, s. 5.
6. — (1) The Assistant Auditor shall be appointed as an Assistant
officer of the Assembly by the Lieutenant Governor in
Council upon the recommendation of the Auditor.
(2) The Assistant Auditor, under the direction of the ^^^"^
Auditor, shall assist in the exercise of the powers and the
performance of the duties of the Auditor and, in the absence
or inability to act of the Auditor, shall act in the place
of the Auditor. 1977, c. 61, s. 6.
7. The persons appointed as Auditor and Assistant Auditor Qualifications
shall be persons who are licensed under the Public Accountancy ^ s.o. iqso,
Act. 1977, c. 61, s. 7. '• ^°^
8. The Provincial Auditor and the Assistant Provincial Transitional
Auditor holding office under The Audit Act, being chapter 36 of
the Revised Statutes of Ontario, 1970, immediately before the 1st
day of April, 1978 shall be deemed to be appointed under this
Act. 1977, c. 61, s. 8, revised.
9. — (1) The Auditor shall audit, on behalf of the As- ^^^l^P^^
sembly and in such manner as the Auditor considers Revenue
necessary, the accounts and records of the receipt and
disbursement of public money forming part of the Con-
solidated Revenue Fund whether held in trust or otherwise.
(2) Where the accounts and financial transactions of an ^^g*^^i°g
agency of the Crown are not audited by another auditor, of the
the Auditor shall perform the audit, and, notwithstanding
any provision of any other Act, where the accounts and
financial transactions of an agency of the Crown are audited
by another auditor, the audit shall be performed under the
direction of the Auditor and such other auditor shall report
to the Auditor.
(3) Where the accounts of a Crown controlled corporation c"^4n°^
are audited other than by the Auditor, the person or persons colorations
performing the audit,
(a) shall deliver to the Auditor forthwith after com-
pletion of the audit a copy of their report of their
findings and their recommendations to the manage-
ment and a copy of the audited financial state-
ments of the corporation;
270
Chap. 35
AUDIT
Sec. 9 (3) (b)
(b) shall make available forthwith to the Auditor,
when so requested by the Auditor, all working
papers, reports, schedules and other documents in
respect of the audit or in respect of any other
audit of the corporation specified in the request;
(c) shall provide forthwith to the Auditor, when so
requested by the Auditor, a full explanation of
work performed, tests and examinations made and
the results obtained, and any other information
within the knowledge of such person or persons in
respect of the corporation.
Additional
examination
and
investigation
(4) Where the Auditor is of the opinion that any information,
explanation or document that is provided, made available or
delivered to him by the auditor or auditors referred to in subsec-
tion (2) or (3) is insufficient, the Auditor may conduct or cause to be
conducted such additional examination and investigation of the
records and operations of the agency or corporation as the Auditor
considers necessary. 1977, c. 61, s. 9.
Information
and access
to records
Accommoda-
tion in
ministries
and Crown
agencies
Annual
report
10. Every ministry of the pubHc service, every agency
of the Crown and every Crown controlled corporation shall
furnish the Auditor with such information regarding its
powers, duties, activities, organization, financial transactions
and methods of business as the Auditor from time to time
requires, and the Auditor shall be given access to all books,
accounts, financial records, reports, files and all other papers,
things or property belonging to or in use by the ministry,
agency of the Crown or Crown controlled corporation and
necessary to the performance of the duties of the Auditor
under this Act. 1977, c. 61, s. 10.
11. For the purposes of the exercise of his powers or the
performance of his duties under this Act, the Auditor may
station one or more members of the Office of the Auditor
in any ministry of the public service, in any agency of the
Crown and in any Crown controlled corporation and the
ministry, agency or corporation shall provide such accommo-
dation as is required for such purposes. 1977, c. 61, s. 11.
12. — (1) The Auditor shall report annually to the Speaker
of the Assembly after each fiscal year is closed and the
Public Accounts are laid before the Assembly, but not later
than the 31st day of December in each year unless the
Public Accounts are not laid before the Assembly by that
day, and may make a special report to the Speaker at any
time on any matter that in the opinion of the Auditor
should not be deferred until the annual report, and the
Speaker shall lay each such report before the Assembly
Sec. 12 (2) (/) (ii) AUDIT Chap. 35 271
forthwith if it is in session or, if not, not later than the
tenth day of the next session.
(2) In his annual report in respect of each fiscal year, contents
the Auditor shall report on,
(a) the work of the Office of the Auditor, and on
whether in carrying on the work of the Office the
Auditor received all the information and explanations
required ;
(b) the examination of accounts of receipts and dis-
bursements of public money;
(c) the examination of the statements of Assets and
Liabilities, the Consolidated Revenue Fund and
Revenue and Expenditure as reported in the Public
Accounts, and shall express an opinion as to whether
the statements present fairly the financial position
of the Province, the results of its operations and
the changes in its financial position in accordance
with the accounting principles stated in the PubUc
Accounts applied on a basis consistent with that of
the preceding fiscal year together with any reserva-
tions the Auditor may have ;
{d) all special warrants issued to authorize payments,
stating the date of each special warrant, the
amount authorized and the amount expended;
(e) all orders of the Management Board of Cabinet
made to authorize payments in excess of appro-
priations, stating the date of each order, the
amount authorized and the amount expended;
(/) such matters as, in the opinion of the Auditor,
should be brought to the attention of the Assembly
including, without limiting the generality of the
foregoing, any matter related to the audit of
agencies of the Crown or Crown controlled cor-
porations or any cases where the Auditor has
observed that,
(i) accounts were not properly kept or public
money was not fully accounted for,
(ii) essential records were not maintained or
the rules and procedures applied were not
sufficient to safeguard and control public
property or to effectively check the assess-
ment, collection and proper allocation of
272
Chap. 35
AUDIT
Sec. 12 (2) if) (ii)
revenue or to ensure that expenditures were
made only as authorized,
(iii) money was expended other than for the
purposes for which it was appropriated,
(iv) money was expended without due regard to
economy and efficiency, or
(v) where procedures could be used to measure
and report on the effectiveness of programs,
the procedures were not established or, in
the opinion of the Auditor, the established
procedures were not satisfactory. 1977, c. 61,
s. 12.
Inspection
aud
ispec
idit
13. — (1) The Auditor may perform an inspection audit
in respect of a payment in the form of a grant from the
Consolidated Revenue Fund or an agency of the Crown
and may require a recipient of such a payment to prepare
and to submit to the Auditor a financial statement that
sets out the details of the disposition of the payment by
the recipient.
Obstruction
of Auditor
Offence
(2) No person shall obstruct the Auditor or any mem-
ber of the Office of. the Auditor in the performance of an
inspection audit or conceal or destroy any books, papers,
documents or things relevant to the subject-matter of the
inspection audit.
(3) Every person who knowingly contravenes subsection (2)
and every director or officer of a corporation who knowingly
concurs in such contravention is guilty of an offence and on
conviction is liable to a fine of not more than $2,000 or to im-
prisonment for a term of not more than one year, or to both.
Idem,
corporation
(4) Where a corporation is convicted of an offence under sub-
section (3), the maximum penalty that may be imposed upon the
corporation is $25,000 and not as provided therein. 1977, c. 61,
s. 13.
Examination
on oath
R.S.O. 1980,
c. 411
14. The Auditor may examine any person on oath on any
matter pertinent to any account subject to audit by the Auditor or
in respect of any inspection audit by the Auditor and for the
purpose of such an examination the Auditor has the powers con-
ferred upon a commission under Part II of the Public Inquiries
Act, which Part applies to the examination as if it were an inquiry
under that Act. 1977, c. 61, s. 14.
Proviso
1 5. Nothing in this Act shall be construed to require the
Auditor,
Sec. 20 AUDIT Chap. 35 273
(a) to report on any matter that, in the opinion of
the Auditor, is immaterial or insignificant ; or
{b) to audit or direct the audit of or report on the
accounts of a body not referred to in this Act in
the absence of such a requirement in any other
Act in respect of the body. 1977, c. 61, s. 15.
1 6. At the request of the standing PubHc Accounts at*standin ^
Committee of the Assembly, the Auditor and any member Public
A.CCOUTltS
of the Office of the Auditor designated by the Auditor shall committee
attend at the meetings of the committee in order, Assembly
(a) to assist the committee in planning the agenda
for review by the committee of the Public Accounts
and the annual report of the Auditor; and
(b) to assist the committee during its review of the
Public Accounts and the annual report of the
Auditor,
and the Auditor shall examine into and report on any matter
referred to him in respect of the Public Accounts by a
resolution of the committee. 1977, c. 61, s. 16.
1 7 . The Auditor shall perform such special assignments f J'g^^^nments
as may be required by the Assembly, the standing Public
Accounts Committee of the Assembly, by resolution of the
committee, or by a minister of the Crown in right of Ontario
but such special assignments shall not take precedence over
the other duties of the Auditor under this Act and the
Auditor may decline an assignment by a minister of the
Crown that, in the opinion of the Auditor, might conflict
with the other duties of the Auditor. 1977, c. 61, s. 17.
1 8. The Auditor may advise appropriate persons employed fd^ge*"
in the public service of Ontario as to any matter that comes
or that may come to the attention of the Auditor in the
course of the exercise of his powers or the performance of
his duties as Auditor. 1977, c. 61, s. 18.
19. Audit working papers of the Office of the Auditor ^udu^^
shall not be laid before the Assembly or any committee papers
of the Assembly. 1977, c. 61, s. 19.
20. Subject to the approval of the Board and to sections 22,25 staff
and 26, the Auditor may employ such professional staff and other
persons as the Auditor considers necessary for the efficient opera-
tion of the Office of the Auditor and may determine the salary of
274
Chap. 35
AUDIT
Sec. 20
the Assistant Auditor and the salaries and remuneration, which
shall be comparable to the salary ranges of similar positions or
classifications in the public service of Ontario, and the terms and
conditions of employment of the employees of the Office of the
Auditor. 1977, c. 61, s. 20 (1).
offlceand 21. — (1) Every employee of the Office of the Auditor,
secrecy and before performing any duty as an employee of the Auditor,
allegiance shall take and subscribe before the Auditor or a person
designated in writing by the Auditor,
(a) the following oath of office and secrecy:
I do swear {of
solemnly affirm) that 1 will faithfully discharge my duties as an
employee of the Provincial Auditor and will observe and comply
with the laws of Canada and Ontario and, except as 1 may be legally
required, I will not disclose or give to any person any information
or document that comes to my knowledge or possession by reason of
my being an employee of the Office of the Auditor.
So help me God. (Omit this line in an affirmation)
{b) the following oath of allegiance:
I do swear (or
solemnly affirm) that I will be faithful and bear true allegiance to
Her Majesty Queen Elizabeth the Second [or the reigning sovereign
for the time being), her heirs and successors according to law.
So help me God. (Omit this line in an affirmation)
i^^™ (2) The Auditor may require any person or class of
persons appointed to assist the Auditor for a limited period
of time or in respect of a particular matter to take and
subscribe either or both of the oaths set out in subsection (1).
Record
of oaths
(3) A copy of each oath administered to an employee
of the Office of the Auditor under subsection (1) shall be
kept in the file of the employee in the Office of the Auditor.
Cause for
dismissal
(4) The failure of an employee of the Office of the Auditor
to take and subscribe or to adhere to either of the oaths
required by subsection (1) may be considered as cause for dis-
missal. 1977, c. 61, s. 21.
Benefits
R.S.O. 1980,
c. 418
22. — (1) The employee benefits applicable from time to time
under the Public Service Act to civil servants who are not within a
unit of employees established for collective bargaining under any
Act apply or continue to apply, as the case may be, to the Auditor,
the Assistant Auditor and to the full-time permanent and pro-
bationar>' employees of the Office of the Auditor and the Board or
Sec. 25 (2) AUDIT Chap. 35 275
any person authorized by order of the Board may exercise the
powers and duties of the Civil Service Commission and the
Auditor or any person authorized in writing by the Auditor may
exercise the powers and duties of a deputy minister under that Act
in respect of such benefits.
(2) The Public Service Superannuation Act appUes to the full- Super-
time permanent and probationary employees of the Office of the benefit'""
Auditor as though the Office of the Auditor were a commission R so. i980.
designated by the Lieutenant Governor in Council under section *^
28 of that Act and to the Auditor and Assistant Auditor as though
they were members of such a commission who held positions
designated by and whose requests for such designations had been
approved by the Lieutenant Governor in Council under section 28
of that Act and all credits in the Public Service Superannuation
Fund of the full-time permanent and probationary employees of
the Office of the Auditor and of the Auditor and the Assistant
Auditor accumulated under that Act immediately before the 1st
day of April, 1978 are preserved and continued in accordance with
that Act. 1977, c. 61, s. 22, revised.
23. Subject to the approval of the Board, the Auditor Expert
&SS1Sl£LI1C6
from time to time may appoint one or more persons having
technical or special knowledge of any kind to assist the
Auditor for a limited period of time or in respect of a
particular matter and the moneys required for the purposes
of this section shall be charged to and paid out of the Con-
solidated Revenue Fund. 1977, c. 61, s. 23.
24. The Auditor may delegate in writing to any other o^authorit
member of the Office of the Auditor authority to exercise
any power or perform any duty of the Auditor other than
reporting to the Assembly. 1977, c. 61, s. 24.
25. — (1) An employee of the Office of the Auditor shall Po^i.i«caj
not ofemplqyees
of the Office
activities
of employe
of the Offlc
of the Auditor
(a) be a candidate in a provincial or federal election
or in an election for any municipal office including
a local board of a municipality within the meaning of the
Municipal Affairs Act; ' R s^o. i980.
(b) solicit funds for a provincial, federal or municipal
party or candidate; or
(c) associate his position in the Office of the Auditor
with any political activity.
(2) Contravention of anv of the provisions of subsection ( 1) may Caus* for
be considered as cause for dismissal. 1977, c. 61, s. 25.
276
Chap. 35
AUDIT
Sec. 26 (1)
Conduct
and
discipline
26. — (1) The Auditor may make orders and rules for
the conduct of the internal business of the Office of the
Auditor and, after a hearing, may suspend, demote or dis-
miss any employee of the Office of the Auditor for cause.
Hearing
R.S.O. 1980,
c. 418
(2) The provisions of the Public Service Act and the regulation
thereunder that apply in relation to suspension from employment
pending an investigation and in relation to a hearing by a deputy
minister or his delegate as to cause for dismissal, other than as to
notice to the Civil Service Commission, apply with necessary
modifications where the Auditor is of the opinion that there may
exist cause for the suspension without pay, demotion or dismissal
of an employee of the Office of the Auditor, and, for the purpose,
the Auditor shall be deemed to be a deputy minister.
Appeals (3) A decision of the Auditor to demote, suspend or dismiss an
employee may be appealed by the employee, within fourteen days
after the decision has been communicated to him, to the Public
Service Grievance Board established under the Public Service
Act.
Grievance
Board
authorized
to hear
appeals
(4) The Public Service Grievance Board may hear and dispose
of an appeal under this section and the provisions of the regulation
under the Public Service Act that apply in relation to a grievance
for dismissal apply with necessary modifications to an appeal
under this section, and, for the purpose, the Auditor shall be
deemed to be a deputy minister and the decision of the Public
Service Grievance Board is final and the Public Service Grievance
Board shall report its decision and reasons in writing to the
Auditor and to the appellant. 1977, c. 61, s. 26.
Proceedings 27. — (1) No proceedings lie against the Auditor, the
Assistant Auditor, any person employed in the Office of
the Auditor or any person appointed to assist the Auditor
for a limited period of time or in respect of a particular
matter, for anything he may do or report or say in the course
of the exercise or the intended exercise of functions under
this Act, unless it is shown that he acted in bad faith.
Information
confidential
R.S.C. 1970,
c. C-34
(2) The Auditor, the Assistant Auditor and each person
employed in the Office of the Auditor or appointed to assist
the Auditor for a limited period of time or in respect of a
particular matter shall preserve secrecy with respect to all
matters that come to his knowledge in the course of his
employment or duties under this Act and shall not com-
municate any such matters to any person, except as may be
required in connection with the administration of this Act
or any proceedings under this Act or under the Criminal
Code (Canada). 1977, c. 61, s. 27.
Sec. 29 (4) AUDIT Chap. 35 277
28. A person or persons, not employed by the Crown or the Examination
Office of the Assembly, licensed under the Public Accountancy of OfficTof
Act and appointed by the Board, shall examine the accounts ^^^ '^"^''°'"
relating to the disbursements of public money on behalf of the f 40? ^^^°'
Office of the Auditor and shall report thereon to the Board and the
chairman of the Board shall cause the report to be laid before the
Assembly if it is in session or, if not, at the next ensuing
session. 1977, c. 61, s. 28.
20. — (1) The Auditor shall present annually to the Board Estimates
estimates of the sums of money that will be required for
the purposes of this Act.
(2) The Board shall review and may alter as it considers f^^®^^^
proper the estimates presented by the Auditor, and the
chairman of the Board shall cause the estimates as altered
by the Board to be laid before the Assembly and the
Assembly shall refer the estimates laid before it to a com-
mittee of the Assembly for review.
(3) Notice of meetings of the Board to review or alter the Notice
estimates presented by the Auditor shall be given to the
chairman and the vice-chairman of the standing Public
Accounts Committee of the Assembly and the chairman and
the vice-chairman may attend at the review of the estimates
by the Board.
(4) The moneys required for the purposes of this Act,^°°®y^
other than under sections 5 and 23, shall be paid out of the
moneys appropriated therefor by the Legislature. 1977, c. 61,
s. 29.
Sec. 5 BAIL Chap. 36 279
CHAPTER 36
Bail Act
1. In cases in which a person has been committed for trial crown
&tjtori!icv
and is admitted to bail, the Crown attorney shall, and, in any to deliver
other case in which a person is admitted to bail, the Crown certmcaTe
attorney may, deliver or transmit a certificate of lien (Form 1) °^^^^^
to the sheriff of the county in which the land mentioned
therein is situate. R.S.O. 1970, c. 37. s. 1.
2. Upon the receipt of a certificate of lien, the sheriff shall. Endorse-
. , e 11 1 1 r 1 , mentand
Without fee, endorse thereon the day of the year, the month, index book
the hour and the minute of its receipt and shall enter in an
alphabetically-arranged index book kept for the purpose the
name of the surety shown on the certificate of lien. R.S.O.
1970. c. 37, s. 2.
3. — (1) The sheriff forthwith upon the receipt of a certi- Sheriff to
d.6liv6r or
ficate of lien affecting land under the land titles system shall transmit
deliver or transmit to the land registrar a copy of the certificate of lanltiues
lien without his endorsement. °®°®
(2) Upon the receipt of a copy of a certificate of lien, the ^'"}/^}" .
land registrar shall, without fee, endorse thereon the day of the
year, the month, the hour and the minute of its receipt and shall
enter in an alphabetically-arranged index book kept for the pur-
pose the name of the surety shown on the certificate of
lien. R.S.O. 1970, c. 37, s. 3.
4 . Where the land mentioned in the certificate of lien is under ^Vhcrc land
1 • 1 y~i 1 ■ • 1 • under
the registr>' system, the Crown, as soon as the entry mentioned in ngistry
section 2 is made, has a lien against the surety's property men- ^>''»^™
tioned in the certificate of lien for an amount equal to the amount
for which he offered himself as a surety as shown in the certificate
of lien. R.S.O. 1970, c. 37, s. 4.
5. Where the land mentioned in the certificate of lien is under where land
. under land
the land titles system, the Crown, as soon as the entr>- mentioned titles
in subsection 3 (2) is made, has a lien against the surety's property *'***^'"
mentioned in the certificate of lien for an amount equal to the
amount for which he offered himself as a surety as shown in the
certificate of lien. R.S.O. 1970, c. 37, s. 5.
280
Chap. 36
BAIL
Sec. 6
Certificate
re execution
against
lands
6. Where a certificate respecting executions against lands is
required from a sheriff or land registrar, he shall, without addi-
tional fee, include in the execution certificate a statement as to
whether there is a name shown on the index book mentioned in
section 2 or subsection 3 (2), as the case may be, that is the same as
the name shown on the certificate. R.S.O. 1970, c. 37, s. 6.
Crown
attorney
to deliver
or transmit
copy of
certificate
of discharge
7. As soon as a surety is discharged, the lien is discharged,
and the Crown attorney shall deliver or transmit a certificate of
discharge (Form 2) to the sheriff to whom the certificate of
lien was delivered or transmitted. R.S.O. 1970, c. 37, s. 7.
Disposal of
certificate
of lien in
sherifi^s
office
8. Upon the receipt of a certificate of discharge, the sheriff
shall attach the certificate of discharge to the proper certi-
ficate of lien and strike the name of the surety from the index
book kept pursuant to section 2. R.S.O. 1970, c. 37, s. 8.
Sheriff to
deliver or
transmit
copy of
certificate
of dischcirge
to land
registrar
Disposal of
certificate
of lien in
land titles
office
9. — (1) Where the land mentioned in a certificate of dis-
charge is under the land titles system, the sheriff forthwith
upon the receipt of the certificate of discharge shall deliver
or transmit to the land registrar a copy of the certificate of dis-
charge.
(2) Upon the receipt of a copy of a certificate of discharge
from the sheriff, the land registrar shall attach the copy of the
certificate of discharge to the proper certificate of lien and strike
the name of the surety from the index book kept pursuant to
subsection 3 (2). R.S.O. 1970, c. 37, s. 9.
Form 2 BAIL Chap. 36 281
FORM 1
{Section 1)
Certificate of Lien
I, Crown attorney for the
,. of , hereby certify
that.^. .^.^.,^.-r. . :. of the
of is a surety for bail in the
sum of $ for the appearance of
The surety has real property as follows :
Street address
Lot and plan number.
{or if in land titles)
Parcel number
Dated at this day of
19...
Crown Attorney
for the County of
R.S.O. 1970, c. 37. Form 1.
FORM 2
{Section 7)
Certificate of Discharge
The certificate of lien, dated the day of
19 wherein was named
surety for the appearance of in the amount
of $ is discharged.
Dated at this day of
19....
Crown Attorney
for the County of
R.S.O. 1970. c. 37, Form 2.
Sec. 2 BAILIFFS Chap. 37 283
CHAPTER 37
Bailiffs Act
1. In this Act, interpre-
tation
{a) "bailiff" means a person who acts, assists any
person to act or holds himself out as being available
to act for or on behalf of any other person in the
repossession or seizure of chattels or in any eviction ;
(b) "business premises" does not include a dwelling;
(c) "county" includes united counties and a provisional
judicial district;
{d) "county court" includes a district court;
(e) "dwelling" means any premises or any part thereof
occupied as living accommodation;
(/) "Minister" means the Minister of Consumer and Com-
mercial Relations;
(g) "Registrar" means the Registrar of Collection Agencies
under the Collection Agencies Act: RS.o. i980,
° ' c. 73
(h) "regulations" means the regulations made under this
Act;
(i) "Treasurer" means the Treasurer of Ontario and Minis-
ter of Economics;
ij) "Tribunal" means The Commercial Registration Appeal
Tribxinalunder the Ministry of Consumer and Comtner- ^^^ *'*°'
cial Relations Act. R.S.O. 1970, c. 38, s. 1; 1971,c. 50, '
s. 10(1-3); 1972, c. 1, ss. 23 (5), 25; 1972, c. 3, s. 17 (1).
2. This Act does not apply to a person while acting as a Application
bailiff under a small claims court process or on behalf of
a sheriff. R.S.O. 1970, c. 38, s. 2.
284
Chap. 37
BAILIFFS
Sec. 3 (1)
Appointment
R.S.O. 1980,
c. 706
Idem
Consent of
county judge
for bailiff
to act
Costs out-
side county
R.S.O. 1980,
c. 98
3. — (1) No person, other than a person appointed as a
bailiff under the Small Claims Courts Act or a. sheriffs baihff,
shall act as a bailiff unless he has been appointed by the
Lieutenant Governor on the recommendation of the Minister.
(2) An appointment shall designate the county for which
the bailiff is appointed. R.S.O. 1970, c. 38, s. 3.
4. A bailiff may act as a bailiff in a county other than the
county for which he is appointed if he first obtains the con-
sent of a judge of the county court of the county in which
he proposes to act. R.S.O. 1970, c. 38, s. 4.
6. — (1) The costs of a bailiff for travelling or accom-
modation outside the county for which he is appointed
shall not be charged as recoverable costs in a seizure,
repossession or eviction unless the costs are taxed under
the Costs of Distress Act and the clerk of the county court
is satisfied that it was not practicable for the seizure,
repossession or eviction to be made by a bailiff appointed for
the county in which the repossession, seizure or eviction was
made.
Mem (2) For the purpose of subsection (1), section 6 of the
Costs of Distress Act applies to costs in an eviction as if
such costs were costs in a seizure or repossession. R.S.O.
1970, c. 38, s. 5.
Application Q, An application for appointment as a bailiff shall be
ment made to the clerk of the peace in the county in which the
applicant intends to carry on business as a bailiff and shall
state,
{a) the name and residence of the applicant ;
{b) the place where the applicant intends to carry on
business ;
(c) the qualifications of the applicant to act as a bailiff;
{d) any circumstance indicating that a bailiff is needed
for the public convenience in the place where the
applicant intends to carry on business as a bailiff ; and
{e) whether the apphcant has previously acted as a
bailiff and, if so, where. R.S.O. 1970, c. 38, s. 6.
Examination
7. Upon receiving an application, the clerk of the peace
shall examine the applicant and shall forward the results
of the examination, together with the security required by
Sec. 10 (4) BAILIFFS Chap. 37 285
section 14 and his recommendations, to the Registrar. R.S.O.
1970, c. 38, s. 7; 1971, c. 50, s. 10 (4).
8. The Minister may recommend the appointment of the^^°°i"-
,. , , .,.„ ., ■' *^*^ mendatlon
apphcant as a baihrf if, by Minister
(a) the apphcant has comphed with this Act and the
regulations;
(6) the apphcant is quahfied to act as a bailiff ; and
(c) a bailiff is needed for the public convenience in
the county in which the applicant intends to carry
on business as a bailiff. R.S.O. 1970, c. 38, s. 8.
9. Subject to section 10, the Registrar may revoke an ^fl^^m?
appointment where the bailiff, ment
(a) has not complied with this Act or the regulations or the
Costs of Distress Act; or R so. i98o,
•' ' c. 98
(b) is, in the opinion of the Registrar, incompetent or
without capacity to act responsibly as a bailiff.
1971. c. 50. s. 10 {5), part.
10. — (1) Where the Registrar proposes to revoke an appoint- ^°^°%^i
ment, he shall serve notice of his proposal, together with written to revoke
reasons therefor, on the bailiff.
(2) A notice under subsection (1) shall inform the bailiff that he ^q^irtng
is entitled to a hearing by the Tribunal if he mails or delivers, hearing
within fifteen days after the notice under subsection (1) is served
on him, notice in writing requiring a hearing to the Registrar and
the Tribunal, and he may so require such a hearing.
(3) Where a bailiff does not require a hearing by the Tribunal in 1^^®^.^
accordance with subsection (2), the Registrar may carry out the J^j^°°
proposal stated in his notice under subsection (1).
(4) Where a bailiff requires a hearing by the Tribunal in ^^^^^
accordance with subsection (2), the Tribunal shall appoint a ^^^^^
time for and hold the hearing and, on the apphcation of the
Registrar at the hearing, may by order direct the Registrar
to carry out his proposal or refrain from carrying out his
proposal and to take such action as the Tribunal considers
the Registrar ought to take.
286
Parties
Chap. 37
BAILIFFS
Sec. 10 (5)
(5) The Registrar, the bailiff who has required the hearing
and such other persons as the Tribunal may specify are
parties to proceedings before the Tribunal under this section.
Service
of notice
(6) The Registrar may serve notice under subsection (1) on
a bailiff personally or by registered mail addressed to his
address last known to the Registrar and, where service is made
by registered mail, the service shall be deemed to be made
on the third day after the day of mailing unless the bailiff
on whom service is being made establishes that he did not,
acting in good faith, through absence, accident, illness or
other cause beyond his control receive the notice or order
until a later date. 1971, c. 50, s. 10 (5), part.
Order
cffecti\e
not-
withstanding
appeal
R.S.O. 1980,
c. 2 74
Complaints
1 1 . Notwithstanding that a bailiff appeals from an order
of the Tribunal under section 11 of the Ministry of Con-
sumer and Commercial Relations Act, the order takes effect
immediately but the Tribunal may grant a stay until
disposition of the appeal. 1971, c. 50, s. 10 (5), part;
1972, c. 1, s. 22> (5).
12. — (1) Any person who has a complaint against a
bailiff may make his complaint to the clerk of the peace in the
county for which the bailiff is appointed. R.S.O. 1970,
c. 38, s. 10(1).
Idem
(2) The clerk of the peace shall investigate the complaint
and forward the complaint, together with the results of his
investigation, to the Registrar. R.S.O. 1970, c. 38, s. 10 (2);
1971,c. 50, s. 10(6).
1 3. — (1) No person shall engage in business as a bailiff while
Not to
engage in
business of an employee of or engaging in the business of a collection
collection f j o o o
agency
agency. R.S.O. 1970, c. 38, s. 11 (1).
Change of (2) A persou authorized to engage in the business of a
address bailiff shall notify the Registrar of any change in the address
of the place of business. R.S.O. 1970, c. 38, s. 11 (2);
1971,c. 50, s. 10(7).
Books of
account
R S.O. 1980.
c. 405
(3) Every bailiff shall keep and maintain books of account
in accordance with accepted principles of double-entry book-
keeping, and shall obtain an audit of his books of account
and financial transactions annually by a public accountant
MctnstdundQrtht Public Accountancy Act. R.S.O. 1970, c. 38,
s. 11 (3).
stat^men\ ('^^ Every bailiff shall furnish the Registrar with a financial
statement in such form and at such times as the Registrar
requires. R.S.O. 1970, c. 38, s. 11 (4); 1971, c. 50, s. 10 (8).
Sec. 14 (3) BAILIFFS Chap. 37 287
(5) The Registrar may appoint in writing a person to investigation
investigate the business of a baiUff as a baihff and any
such person, upon the production of evidence of his appoint-
ment under this subsection, may enter between 9 o'clock
in the forenoon and 5 o'clock in the afternoon the business
premises of the bailiff and examine books, papers, documents
and things relating to his business as a bailiff.
(6) No person shall obstruct a person appointed to make Obstruction
an investigation under subsection (5) or withhold from him or investigator
conceal or destroy any books, papers, documents or things rele-
vant to the subject-matter of the investigation. 1971, c. 50,
s. 10 (9).
(7) Ever>' bailiff shall maintain an account designated as '^^^^^
a trust account in a chartered bank, the Province of
Ontario Savings Office, a credit union, as defined in the Credit R so. i980.
Unions and Caisses Populaires Act or a registered trust company *^
in which he shall deposit all moneys received by him on behalf of
other persons, less any lawful fees or charges, and such moneys
shall be kept and accounted for separately from any other moneys.
R.S.O. 1970, c. 38, s. 11 (6); 1980, c. 6, s. 2.
(8) Before the fifteenth day of each month, every bailiff f^r'and"^*^
shall account to the persons entitled thereto for any moneys Pf^^^^l^'
received in trust during the previous month and shall pay the moneys
moneys, less lawful fees and charges.
(9) Within six months after a bailiff receives moneys ?/ u^°^aimed
held under subsection (7), the bailiff shall make every effort to trust moneys
locate the person entitled to the moneys, and shall pay
any moneys thereafter remaining unclaimed to the Treasurer
who may pay the moneys to any person who satisfies the
Treasurer that he is entitled thereto. R.S.O. 1970, c. 38,
s. 11 (7, 8).
14. — (1) No person shall act as a bailiff unless he is bonded in Bonding
the prescribed amount and form.
(2) The bond shall be, ^^^"^
(a) a personal bond accompanied by collateral security ;
(b) a bond of a guarantee company approved under the
Guarantee Companies Securities Act; or f^o? *^*°'
(c) a bond of a guarantor, other than a guarantee com-
pany, accompanied by collateral security.
(3) The collateral security shall be direct or guaranteed JJSr^
securities of the Government of Canada or of the Govern-
ment of Ontario. R.S.O. 1970, c. 38, s. 12.
288
Chap. 37
BAILIFFS
Sec. 15 (1)
Forfeiture J 5. — (1) Where an appointment has been revoked under sec-
ofbond . ' ,
tion 9 or 10 and,
R.S.C. 1970,
c. C-34
(a) the bailiff has been convicted of an offence in-
volving fraud, theft, assault, libel or breaking and
entering under the Criminal Code (Canada) while
acting as a bailiff, or of a conspiracy or an attempt
to commit such an offence, and the conviction has
become final ; or
(b) the bailiff has had a judgment for the recovery of
money paid for services not performed or based
on a finding of fraud, conversion, assault, libel or
trespass committed while acting as a bailiff entered
against him, and the judgment has become final,
the Minister may direct that the bond of the bailiff be
forfeited. R.S.O. 1970, c. 38. s. 13 (1); 1971, c. 50, s. 10 (10).
Idem
(2) Upon a direction being made under subsection (1), the
bond is forfeited and the amount of the bond becomes due and
owing as a debt due to the Crown in right of Ontario.
R.S.O. 1970, c. 38, s. 13(2).
collateral ^^* — ^^^ Where a bond secured by the deposit of col-
security lateral security is forfeited, the Treasurer may sell the
collateral security at the current market price.
Payment of
proceeds
(2) The Treasurer may.
(a) assign any bond forfeited under section 15 and transfer
the collateral security, if any;
(6) pay over any money recovered under the bond; and
(c) pay over any money realized from the sale of
the collateral security,
to any judgment creditor of the bailiff bonded for claims
arising out of the circumstance under which the bond was
forfeited, or to the Accountant of the Supreme Court in trust
for any person who becomes such judgment creditor.
Idem (3) Where a bond has been forfeited or cancelled and
the Treasurer has not received notice in writing of any
claim against the proceeds of the bond or such part as
remains in the hands of the Treasurer within two years of
Sec. 19 (c) BAILIFFS Chap. 37 289
the forfeiture or cancellation, the Treasurer may pay the
proceeds or part remaining to any person who made a
payment under the bond. R.S.O. 1970, c. 38, s. 14.
17. Every person employed in the administration of ^^^l'^
this Act, including any person making an examination under
section 13, shall preserve secrecy in respect of all matters
that come to his knowledge in the course of his duties,
employment or examination and shall not communicate any
such matters to any other person except,
(a) as may be required in connection with the adminis-
tration of this Act and the regulations or any
proceedings under this Act or the regulations;
(6) to his counsel ; or
(c) with the consent of the person to whom the infor-
mation relates. 1971,c. 50, s. 10(11).
1 8. — (1) Every person who contravenes any provision of this offence
Act is guilty of an offence and on conviction is liable to a fine of not
more than $1,000.
(2) No proceeding under subsection (1) shall be commenced Limitation
more than one year after the facts upon which the proceeding is
based first came to the knowledge of the Director of the Consumer
Protection Division of the Ministry of Consumer and Commerical
Relations. R.S.O. 1970, c. 38, s. 15.
19. The Lieutenant Governor in Council may make regula- ^®^"i**^*o°8
lions,
(a) prescribing forms and providing for their use ;
(6) prescribing fees for applications ;
(c) prescribing the amount of bonds and collateral
security to be furnished under this Act. R.S.O. 1970,
c. 38,s. 16; 1971,c. 50, s. 10(12).
* I'.^i.
Sec. 3 (3) BARRISTERS Chap. 38 291
CHAPTER 38
Barristers Act
1. A person who is or has been Minister of Justice andcauof
i^iiiist)6r of
Attorney General of Canada or Sohcitor General of Canada Justice
is entitled to be called to the bar of Ontario without com- Generator ^^
plying with the Late Society Act or any of the regulations Genera°^
or rules of the Society as to admission, examinations, pay- R so. i980,
ment of fees or otherwise, and is thereupon entitled to*^^^^
practise at the bar of Her Majesty's courts in Ontario. R.S.O.
1970, c. 39, s. 1.
2. — (1) The Lieutenant Governor, by letters patent under green's
the Great Seal, may appoint from the members of the bar
of Ontario such persons as he considers proper to be,
during pleasure, provincial officers under the name of "Her
Majesty's counsel learned in the law" for Ontario.
(2) The disbarment of a barrister who holds an appointment J^'^^^^'^^^'if
as a Queen's counsel for Ontario has the effect of revoking appointment
such appointment. R.S.O. 1970, c. 39, s. 2.
3. — (1) The following members of the bar of Ontario have ^^^^^J"jj°fjj^.g
precedence in the courts of Ontario in the following order: at the bar
1. The Minister of Justice and Attorney General of
Canada.
2. The Attorney General for Ontario.
3. The members of the bar who have held the office of
Minister of Justice and Attorney General of Canada
or Attorney General for Ontario or Minister of
Justice and Attorney General for Ontario, according
to seniority of appointment. R.S.O. 1970, c. 39, s. 3
(1); 1972, c. 1, s. 9 (7).
(2) The Lieutenant Governor, by letters patent under the ^*g'®g°^^|jj°^g
Great Seal, may grant to any member of the bar a patent
of precedence in the courts of Ontario.
(3) Queen's counsel for Ontario have precedence in the Jf^'^'^^fg^g^^ce
courts according to seniority of appointment unless otherwise ^^o'lnsei
provided in the letters patent.
292
Chap. 38
BARRISTERS
Sec. 3 (4)
of'othw"^® (4) The remaining members of the bar, as among them-
membersof selves, have precedence in the courts in the order of their
call to the bar.
Crown
Counsel
(5) Nothing in this Act affects or alters any rights of pre-
cedence that appertain to any member of the bar when
acting as counsel for Her Majesty, or for any attorney
general of Her Majesty, in any matter depending in the name
of Her Majesty or of the attorney general before the courts,
but such right and precedence remain as if this Act had not
been passed. R.S.O. 1970, c. 39, s. 3 (2-5).
Sec. 3 (2) (a) (i) beach protection Chap. 39 293
CHAPTER 39
Beach Protection Act
1. In this Act, Interpre-
tatlon
(a) "licence" means a licence issued under this Act;
(b) "Minister" means the Minister of Natural Resources;
(c) "regulations" means the regulations made under this
Act;
{d) "sand" includes earth, gravel and stone. R.S.O.
1970, c. 40, s. 1; 1972. c. 4, s. 12.
2. — (1) The Minister may issue licences for the taking of location
sand from the bed, bank, beach, shore or waters of any lake, ofucence
river or stream or from any bar or flat in any lake, river
or stream or adjoining any channel or entrance to any lake,
river or stream in accordance with the regulations. R.S.O.
1970, c. 40, s. 2 (1) ; 1971, c. 50, s. 11 (1).
(2) Each licence is effective only in the geographical area of^^n°e°
defined therein, and shall contain such particular terms and
conditions as to its operation as the Minister may direct.
R.S.O. 1970,c. 40,s. 2(2).
3. — (1) The Minister may refuse to issue a licence to take Refusal
sand from a bed, bank, beach, shore, waters, bar or flat men- licence
tioned in subsection 2(1) that is the property of the Crown on any
ground upon which he considers it to be contrary to the public
interest to issue the licence.
(2) Subject to section 11, where a bed, bank, beach, shore, i"*®™
waters, bar or flat mentioned in subsection 2 (1) is owned by a
person other than the Crown, the owner or a person who has
acquired from the owner the right to remove sand therefrom is
entitled to be issued a licence by the Minister unless the Minister is
of opinion that,
{a) the taking or removal of sand therefrom is contrary
to the public interest on the ground that it will,
(i) unduly impair or interfere with the natural
state or use of waters or the value or use of
property,
294
Chap. 39
BEACH PROTECTION
Sec. 3 (2) (a) (ii)
(ii) likely cause undue erosion of or accretion to
lands, or
(ill) likely create a threat to roads, rights-of-way,
structures or , installations or to health or
safety,
in the place from which the sand is to be taken or
the area adjacent or near to such place ; or
{b) the equipment that the applicant proposes to use
for removal of the sand is not proper or suitable
for such purpose.
(3) The Minister may, in accordance with section 4,
Suspension,
etc., of
licence refuse to renew or may suspend or revoke a licence,
Reference
to Mining
and Lands
Com-
missioner
Hearing
Application of
R.S.O. 1980,
c. 484,
ss. 6-16, 21-23
Assistance
for Com-
missioner
Report
of Com-
missioner
(a) if the licensee has contravened or failed to comply
with the terms and conditions of the licence; or
(b) on any grounds upon which he might refuse to
issue the licence if application was being made for it
in the first instance. 1971, c. 50, s. 11 (2), part.
4. — (1) Subject to subsection (7), before refusing to issue a
licence under subsection 3 (2) or to renew any licence or
before suspending or revoking any licence, the Minister shall refer
the matter to the Mining and Lands Commissioner for a hearing
and report.
(2) Pursuant to a reference by the Minister under this
section, the Mining and Lands Commissioner shall hold a
hearing as to whether the licence to which the hearing relates
should be issued or renewed or should be suspended or revoked,
as the case may be, and the applicant or licensee and such
other person as the Commissioner specifies shall be parties to
the hearing.
(3) Sections 6 to 16 and 21 to 23 of the Statutory Powers
Procedure Act apply with respect to a hearing under this section.
(4) The Mining and Lands Commissioner may obtain the
assistance of engineers, surveyors or other scientific persons
who may under his order view and examine the property in
question, and in making his report he may give such weight
to their opinion or report as he considers proper.
(5) At the conclusion of a hearing under this section, the
Mining and Lands Commissioner shall make a report to the
Minister setting out his findings of fact and any information
or knowledge used by him in reaching his recommendations,
Sec. 7 BEACH PROTECTION Chap. 39 295
any conclusions of law he has arrived at relevant to his
recommendations and his recommendations as to the issue,
renewal, susjjension or revocation of the licence to which the
hearing relates, as the case may be, and shall send a copy
of his report to the applicant or licensee to whom it relates.
(6) After considering the report of the Mining and Lands mISsS"'
Commissioner under this section, the Minister may thereupon
refuse to issue or to renew or may susf)end or revoke the
licence to which the report relates and shall give notice of his
decision to the applicant or licensee specifying the reasons
therefor.
(7) Notwithstanding subsection (1), the Minister, by notice P™^8i9°ai
to a licensee and without referring the matter to the etc.
Mining and Lands Commissioner for a hearing, may pro-
visionally refuse renewal of, or suspend the licensee's licence
where the continuation of operations under the licence is, in
the Minister's opinion, an immediate threat to the pubhc
interest and the Minister so states in such notice, giving his
reasons therefor, and the Minister shall forthwith thereafter
refer the matter to the Mining and Lands Commissioner and
the provisions of subsections (1) to (6) shall apply. 1971,
c. 50, s. 11 (2), part; 1973, c. 105, s. 4.
5. — (1) No person, unless he is the holder of a licence, shall f|a?ngt"°°
take or carry away in any boat, vessel, craft, cart, truck or ^*^*'^8*'^<*
other conveyance, or otherwise transport by land or water or
remove by drag-line or other mechanical device, any sand from
a bed, bank, beach, shore, waters, bar or fiat mentioned in
subsection 2 (1) whether or not such bed, bank, beach, shore,
waters, bar or flat is owned by such person.
(2) Subsection (1) does not apply to the removal of sand, u^lfcenot
required
(a) by a municipality for municipal use ; or
(b) by a bona fide resident of Ontario for his personal use
and not for resale or for use for commercial purposes,
if the removal is with the written consent of an
official designated by the council of the local muni-
cipality in which the sand is situate. R.S.0. 1970, c. 40,
S.3.
6. Subject to subsection 5 (2), no person shall go upon any bed, p®j°/jjt ^^
bank, beach, shore, waters, bar or flat mentioned in subsection 2 remove
sand
(1) for the purpose of removing or assisting to remove any sand
therefrom except under the authority of a licence. R.S.O. 1970,
c. 40, s. 4.
7. No person shall have on board his vessel or on a vessel ^^^
in his possession or control any sand taken contrary to this ^^^^^
Act. R.S.O. 1970, c. 40, s. 5. vessel
296
Chap. 39
BEACH PROTECTION
Sec. 8 (1)
Issue of
search
warrant
8. — (1) Where a person makes oath before a justice of the
peace that he has reason to believe and does believe that
sand, in contravention of section 5, 6 or 7, is on board any
vessel, or at any place, the justice of the peace shall issue a
search warrant directed to a sheriff, police officer, constable or
bailiff, who shall forthwith proceed to search the vessel or place
and, if any sand is found thereon or thereat, he shall seize
it and the vessel, if any, in which it is contained, and shall keep
them secure until final action as hereinafter provided is had
thereon.
Prosecution
(2) The owner, master or person in possession of the vessel,
or person in possession of sand, shall, without further infor-
mation laid, be summoned forthwith by the justice who issued
the warrant to appear before a provincial offences court, and if
such owner, master or person in possession fails to appear, or if it
is shown to the satisfaction of the court that a contravention has
taken place, the court may convict the owner, master or person in
possession. R.S.O. 1970, c. 40, s. 6.
Removal of
sand from
bed of
certain
streams
prohibited
9. — (1) No person shall remove any sand from the bed of
any river, stream or creek running between two municipalities
without the consent of the councils of such municipalities,
and in no case shall any sand be removed from the bed of
any river, stream or creek so as to injure or endanger the
safety of any bridge, drainage pipe, watermain or other struc-
ture erected or laid by a municipal corporation.
Offence
(2) Every person who contravenes any provision of sub-
section (1) is guilty of an offence and on conviction is liable to a fine
of not less than $10 and not more than $25. R.S.O. 1970, c. 40,
s. 7.
Removal of
sand from
street or
road
prohibited
10. — (1) No person shall remove any sand from any street
or road or from the extension of any street or road into any
river or lake without the consent of the council of the muni-
cipality in which it is situate.
Offence
(2) Every person who contravenes any provision of sub-
section ( 1 ) is guilty of an offence and on conviction is liable to a fine
of not more than $10 for every load removed. R.S.O. 1970,
c. 40, s. 8.
Removal
of sand
from Erie,
Ontario,
Huron
1 1 . — (1) Notwithstanding any other provision of this or any
other Act or in any regulation or order made under this or any
other Act, the Lieutenant Governor in Council may make regula-
tions prohibiting or restricting, subject to the terms and conditions
contained therein, the taking, removing and carrying away by
cart, truck, vessel or any other vehicle or water craft of any sand
Sec. 16 (1) BEACH PROTECTION Chap. 39 297
from any bed, beach, shore or waters of or adjacent to any part of
the shores of Lake Erie, Lake Ontario or Lake Huron, or from any
land covered by the waters of any of such lakes adjacent to such
shore, or from any sandbar or flat therein or adjoining any channel
or entrance thereto as described in the regulations.
(2) Such prohibition or restriction extends to the owner, ^^S|i°.^
tenant or occupant of any such bed, beach, shore, sandbar or restriction
or flat and to any person claiming under the authority of
any municipal corporation or of any order of the Ontario
Municipal Board and to every other individual and corporation.
(3) Every person who contravenes the prohibition or restric- offence
tion contained in any such regulation is guilty of an offence
and on conviction is liable to a fine of not less than $10 and not
more than $100. R.S.O. 1970, c. 40, s. 9.
12. Every person who contravenes any of the provisions General
of this Act or the regulations is guilty of an offence and on consent'to
conviction, if no other penalty is provided, is liable to a fine of not
less than $10 and not more than $1,000, but no prosecution shall
be commenced except with the consent in writing of the Attorney
General. R.S.O. 1970, c. 40, s. 10; 1972, c. 1, s. 9 (7).
1 3. Except as otherwise provided in this Act, the Provincial ^pp'^*^°" *>^
Offences Act applies to all proceedings taken under this c. 400
Act. R.S.O. 1970, c. 40, s. 11.
14. In addition to the method of service prescribed by serviceof
the Provincial Offences Act, any summons or other proceeding
may, where it is directed to a person on board a vessel, be served
by leaving it, or a copy thereof, with the person who is or appears
to be in charge or command of the vessel. R.S.O. 1970, c. 40,
s. 12.
15. Where it is proved in any prosecution under this Burden
Act that the accused has done or committed any act or
thing for which a licence or the consent of any person or
persons is required under this Act, the burden of proving
that the required licence was issued or consent was given
shall rest upon the accused. 1971, c. 50, s. 11 (3).
16. — (1) A person to whom a licence to take sand from Royalties
property of the Crown in right of Ontario is issued may be
required to pay to the Crown, in addition to his licence fee, a
fixed sum for every cubic metre of sand removed under the
authority of the licence. 1971, c. 50, s. 11 (4); 1978, c. 87,
s. 22 (1).
298
Chap. 39
BEACH PROTECTION
Sec. 16 (2)
Amount of
royalty
(2) The amount to be charged per cubic metre shall be fixed
by the Minister according to the location, type, availability
and accessibility of the sand. R.S.O. 1970, c. 40, s. 14 (2);
1978, c. 87, s. 22 (2).
Security (3) The Minister may require a person to whom such a
licence is issued and by whom such sums are payable to the
Crown to give security by bond satisfactory to the Minister for
the payment of such sums. R.S.O. 1970, c. 40, s. 14 (3).
Sale of
vessel, etc.,
for payment
of penalty
R.S.O. 1980,
c. 400
1 7. — (1) In addition to the remedies provided by the Provin-
cial Offences Act for the recovery of penalties, any penalty
imposed for a contravention of this Act, if not paid in accordance
with the conviction, may be levied by. the sale of any vessel,
conveyance, drag-line or other mechanical device inolved in the
commission of the offence under the warrant of the court that
imposed the penalty.
Payment of (2) Upon retum being made of the sale, after satisfying
owner the fine and the costs of the sale, the surplus, if any, shall
be paid to the owner of the vessel. R.S.O. 1970, c. 40,
s. 15.
Regulations jg^ jj^g Lieutenant Governor in Council may make regu-
lations,
{a) providing for the issue and renewal of licences and
prescribing the terms and conditions thereof and the
fees payable therefor ;
{b) prescribing the form and contents of security bonds ;
(c) prescribing forms and providing for their use. R.S.O.
1970, c. 40, s. 16; 1971,c. 50, s. 11 (5).
Sec. 4 BEDS OF NAVIGABLE WATERS Chap. 40 299
CHAPTER 40
Beds of Navigable Waters Act
1 . Where land that borders on a navigable body of water or deemed°t o^
stream, or on which the whole or a part of a navigable body of exclude
water or stream is situate, or through which a navigable body
of water or stream flows, has been heretofore or is hereafter
granted by the Crown, it shall be deemed, in the absence of an
express grant of it, that the bed of such body of water was not
intended to pass and did not pass to the grantee. R.S.O. 1970,
c. 41, s. 1.
2.. Section 1 does not affect the rights, if anv, of a grantee ?*^°? ^
<j ' J ' o ^Q certain
from the Crown or of a person claiming under him, where such cases
rights were, previous to the 24th day of March, 1911, determined
by a court of competent jurisdiction in accordance with the
rules of the English Common Law, or of a grantee from the
Crown, or a person claiming under him who establishes to the
satisfaction of the Lieutenant Governor that he or any person
under whom he claims has, previous to the 24th day of March,
1911, developed a water power or powers under the bona fide
belief that he had the legal right to do so, provided that he may
be required by the Lieutenant Governor in Council to develop
such power or powers to the fullest possible extent and provided
that the price charged for power derived from such water power
or powers may from time to time be fixed by the Lieutenant
Governor in Council, and the Lieutenant Governor in Council
may direct that letters patent granting such rights be issued to
such grantee or person claiming under him under and subject to
such conditions and provisions as are considered proper for
insuring the full development of such water power or powers and
the regulation of the price to be charged for power derived
from them. R.S.O. 1970, c. 41, s. 2.
3. This Act does not apply to the bed of the river in Lot 8 in appiy°tV°
the 6th Concession of the Township of Merritt in the District ascertain
of Sudbury. R.S.O. 1970, c. 41, s. 3. °*'* ^
4. Notwithstanding any other provision of this Act, the case ^Jf^'^e^'J,*'^*
of any person setting up on special grounds a claim to receive ^^?^®*[.jj^i
from the Crown a grant or lease of any part of the bed of a cases
navigable body of water or stream shall be dealt with by the
Lieutenant Governor in Council as he considers fair and just.
R.S.O. 1970, c. 41, s. 4.
Sec. 2 (a) beef cattle marketing Chap. 41 301
CHAPTER 41
Beef Cattle Marketing Act
1. In this Act, interpre-
tation
(a) "association" means such association under the
Agricultural Associations Act as is designated in R so. iqso,
the regulations ; *^ ^
(6) "Board" means the Agricultural Licensing and Regis-
tration Review Board under the Ministry of Agriculture ^-^o. i98o,
and Food Act;
(c) "carcass" means a carcass of a head of cattle;
id) "cattle" includes bulls, cows, heifers, steers and
calves, but does not include cattle that are not sold
for the production of beef;
(e) "Commissioner" means the Live Stock Commissioner;
if) "inspector" means an inspector appointed for the
purposes of this Act;
(g) "licence" means a licence issued under this Act;
{h) "Minister" means the Minister of Agriculture and
Food;
(i) "plant" means a premises where cattle are slaugh-
tered;
ij) "price reporter" means a price reporter appointed
for the purposes of this Act;
(k) "regulations" means the regulations made under
this Act;
(/) "slaughter" means slaughter for the purpose of pro-
cessing meat into food. R.S.O. 1970, c. 42, s. 1; 1980,
c. 53, s. 1.
2. The purpose and intent of this Act is to provide for, ofAcr^
(a) the establishment and standardization of procedures
affecting the sale of cattle or carcasses ; and
302
Chap. 41
BEEF CATTLE MARKETING
Sec. 2 (b)
{b) the designation and financing of an association that
has power to make recommendations in respect of
such procedures and to expend moneys to,
(i) stimulate, increase and improve the sale of
cattle or carcasses,
(ii) disseminate information concerning the cattle
industry, and
(iii) co-operate with any person or persons or any
department of the Government of Canada
or of the government of any province in the
carrying out of its objects. R.S.O. 1970,
c. 42,s. 2.
Licences
Idem
3. — (1) Except under the authority
person shall sell cattle.
of a licence, no
(2) Every person who sells cattle shall be deemed to be
the holder of a licence.
Refund of (3) Every person who is the holder of a licence under
llC6nC6 I6GS J I
this section may ap.ply for a refund of any licence fees paid by
him to an association.
Idem
Idem
(4) Every application for a refund shall be made in the
manner prescribed in the regulations.
(5) Where an association receives an application for a
refund, it shall refund the licence fees in the manner
prescribed in the regulations and in any case not later than
one year after receipt of the application therefor. R.S.O.
1970, c. 42, s. 3.
Recom- .
mendations
by directors
of associa-
tion
4. — (1) Where the board of an association is of the
opinion that a majority of the members of the association
are in favour thereof, the board of directors may recom-
mend to the Lieutenant Governor in Council the making,
amending or revoking of regulations respecting any of the
matters set forth in section 5.
Use of
licence
fees by
association
(2) An association may use licence fees for the purposes of,
{a) defraying the expenses of the association in the
carrying out of its objects ;
{b) stimulating, increasing and improving the sale of
cattle or carcasses ;
{c) disseminating information concerning the cattle
industry ; and
Sec. 5 (1) (k) BEEF CATTLE MARKETING Chap. 41 303
(d) co-operating with any person or persons or any
department of the Government of Canada or of the
government of any province in the carrying out of its
objects. R.S.O. 1970, c. 42, s. 4.
5. — (1) Notwithstanding section 4, the Lieutenant Cover- ^smiations
nor in Council may make regulations,
{a) designating an association for the purposes of this
Act;
{b) fixing the amount of licence fees up to but not exceeding
two-tenths of 1 per cent of the sale price for each head of
cattle;
(c) requiring persons to pay licence fees owing by them
to an association ;
{d) requiring any person who receives cattle from a
seller thereof to deduct, from the moneys payable to
the seller, any licence fee payable by the seller to
an association and to forward such licence fees to
the association ;
(e) providing for the recovery by the association of
licence fees owing to the association by suit in a court
of competent jurisdiction ;
(/) prescribing the manner in which applications for
refund of licence fees shall be made and the manner
in which refunds shall be made ;
ig) providing for the exemption from any or all of the
regulations of any cattle or class of cattle or any
person or class of persons ;
(A) providing for the inspecting, weighing and measuring
of cattle and carcasses ;
(i) respecting the buying, selling, handling, weighing,
measuring, shipping and transporting of cattle and
carcasses ;
(j) prescribing the manner in which receipts, classifica-
tions, weights and purchase prices shall be recorded
by persons engaged in the buying or selling of cattle
and made available to the Minister ;
{k) prescribing the manner in which buyers, sellers,
transporters and shippers of cattle or carcasses shall
identify, for the purposes of inspecting, weighing and
measuring, individual sellers' lots in a shipment ;
304 Chap. 41 BEEF CATTLE MARKETING SeC. 5 (1) (/)
(1) prescribing the manner in which buyers shall make
returns and prepare for presentation to the sellers the
statements of accounts of purchase of cattle and
carcasses ;
(m) respecting the facilities and equipment to be pro-
vided and maintained for the weighing and measur-
ing of cattle and carcasses on premises in which
cattle or carcasses are assembled, held, slaughtered,
weighed or measured ;
(«) prescribing the basis on which the amount payable
respecting a head of cattle or a carcass shall be
calculated ;
(o) prescribing the time at which a person who pur-
chases cattle shall weigh the cattle or the carcasses
thereof ;
(P) prescribing the powers and duties of inspectors and
price reporters ;
(q) providing for the issuing of inspection certificates
by inspectors ;
{r) prescribing forms and providing for their use ;
is) respecting any matter necessary or advisable to carry out
effectively the intent and purpose of this Act. R.S.O.
1970, c. 42, s. 5 (1); 1974, c. 43, s. 1 (1); 1978, c. 87, s. 3;
1980, c. 53, s. 2 (1).
Scope of (2) Any regulation may be limited as to time or place, or
regulations \ i j o j r
to both.
Definitions (3) Any word or expression used in a regulation may be
defined in the regulation for the purposes of the regulation.
R.S.O. 1970, c. 42, s. 5 (2, 3); 1980, c. 53, s. 2 (2).
ment*of'" ^' ^he Lieutenant Governor in Council may appoint in-
inspectors sDCCtors and price reporters for the purposes of this Act
and price " f r- r r
reporters and may fix their remuneration and allowance for expenses.
R.S.O. 1970, c. 42, s. 6.
Powers of 7 — (1) For the purpose of enforcing this Act and the
inspector : ' . ^ ^ ^ , r
regulations, an inspector may enter any premises used tor
the assembling, holding, slaughtering, storing, processing,
grading, weighing, measuring, selling or offering for sale of
any cattle or carcasses and inspect any cattle, carcasses,
facilities or equipment found therein.
Sec. 8 (4) BEEF CATTLE MARKETING Chap. 41 305
(2) For the purpose of enforcing this Act and the regula- Production
tions, an inspector may require the production or furnishing of documents
copies of or extracts from any books, shipping bills, bills of
lading or other records relating to cattle or carcasses.
(3) For the purpose of inspecting a head of cattle or aP®'®°"o°
. ^ ^ \ . ^ . , . . , for purposes
carcass, an mspector may detam it at the risk of the of inspection
owner and, after detaining it, the inspector shall forthwith
notify the owner or person who had possession of it of the
detention.
(4) Where an inspector detains a head of cattle or a car- aft|j^*^"°°
cass under subsection (3), he shall, as soon as may be practicable, detention
inspect the head of cattle and shall forthwith thereafter,
(a) release the head of cattle or carcass from detention;
or
(6) detain the head of cattle or carcass under section 8.
(5) No person shall hinder or obstruct an inspector or a obstruction
., r,i- r -,• of inspector
price reporter in the course of his duties or furnish an inspector or price
or a price reporter with false information or refuse to per- '"^p"'"'®'"
mit any cattle, carcasses, facilities or equipment to be in-
spected or refuse to furnish an inspector or price reporter
with information.
(6) A person shall, when required by an inspector, pro- Production
duce copies of and extracts from any books, shipping bills,
bills of lading and other records relating to cattle or carcasses.
R.S.O. 1970,c. 42.S. 7.
8. — (1) Any cattle or carcasses, in respect of which an Detention
inspector believes on reasonable grounds an offence against and
this Act or the regulations has been committed, may be ^^^^
placed under detention at the risk and expense of the owner
by the inspector, and the inspector shall forthwith thereafter
notify the owner or the person who had possession of them
of the detention in writing.
(2) A notice eiven bv an inspector under subsection (1) Notice
, „ , . ' *^ f , . . . . ,, ' to contain
shall contain the particulars m respect of which it is alleged particulars
the cattle or carcasses do not comply with this Act or the
regulations.
(3) Anv cattle or carcasses detained under subsection (1) shall Period of
- detention
remain under detention until the owner of the cattle or carcasses
complies with this Act and the regulations.
(4) Where an inspector is satisfied that the owner of cattle g;J^*^®
or carcasses that have been detained complies with this Act detention
306
Chap. 41
BEEF CATTLE MARKETING
Sec. 8 (4)
and the regulations respecting the cattle or carcasses, the
inspector shall forthwith release them from detention. R.S.O.
1970,c. 42,s. 8.
Certificate
of inspector
or price
reporter
9. The production by an inspector or a price reporter of a
certificate of his appointment purporting to be signed by the
Minister is admissible in evidence as prima facie proof of
the facts stated in the certificate and of the authority of the
inspector or price reporter to exercise the powers and per-
form the duties prescribed in this Act and the regulations.
R.S.O. 1970.C. 42.S. 9.
Preparation
of list
10. — (1) Subject to section 11, the Commissioner shall prepare a
list of plants that, in his opinion, comply with the provisions of this
Act and the regulations that apply where cattle are sold for a price
calculated on a carcass weight basis, and may amend or revise the
list from time to time. 1980, c. 53, s. 3, part.
Application
for listing
(2) Where the operator of a plant wishes to have his plant
included on the list referred to in subsection (1), he shall apply
therefor to the Commissioner in writing.
List ma> be
inspected
(3) The Commissioner shall maintain a copy of the list referred
to in subsection (1), as amended or revised, at his office at all times
and shall permit inspection thereof by the public during normal
business hours.
Furnishinf;
and
publishing
list
(4) The Commissioner may,
(a) send a copy of the list referred to in subsection (1) and
any amendment or revision thereof to any person in
Ontario who makes a request therefor; and
{b) publish the list referred to in subsection (1) and any
amendment or revision thereof in such manner as he
considers advisable.
Purchase
of cattle
(5) No operator of a plant that is not included on the list referred
to in subsection (1) shall purchase cattle for slaughter at his plant
for a price calculated on a carcass weight basis. 1980, c. 53, s. 3,
part.
Hearing
required
11. — (1) A decision by the Commissioner not to include a
plant on the list referred to in section 10 or to remove a plant from
the list shall be made only after a hearing by the Commissioner.
Notice of
hearing
(2) Notice of a hearing by the Commissioner under subsection
(1) shall afford to the operator of the plant a reasonable opportun-
ity to show or achieve compliance before the hearing with the
Sec. 13 (3) BEEF CATTLE MARKETING Chap. 41 307
provisions of this Act and the regulations that apply where cattle
are sold for a price calculated on a carcass weight basis.
(3) The operator of a plant who is a party to the the proceedings Examination of
in which the Commissioner holds a hearing shall be afforded anevkience '
opportunity to examine before the hearing any written or
documentarv- evidence that will be produced or any report the
contents of which will be given in evidence at the hearing.
(4) Notwithstanding subsections (1), (2) and (3), the Commis- Removal
sioner may remove a plant from the list referred to in section from^Ust
10 without a hearing where,
(a) in the opinion of the Commissioner, it is necessar\' to do
so for the immediate protection of the interests of pro-
ducers; and
{b) the Commissioner, forthwith thereafter, serves upon the
operator of the plant notice of a hearing to be held within
fifteen days after the removal of the plant from the list.
1980, c. 53, s. 3, part.
1 2. Where, after a hearing, the Commissioner has not included Commissioner
a plant on or has removed a plant from the list referred to in section or rescind
10, he may at any time of his own motion or on the application of ^i^^sion
the operator of the plant varv' or rescind his decision, but the
Commissioner shall not var\' or rescind his decision adversely to
the interests of any person without holding a rehearing to which
such person is a party and may make such decision after such
rehearing as he considers proper under this Act. 1980, c. 53,
s. 3, part.
13. — (1) Where the Commissioner refuses to include a plant Appeal
11. r 1 • • , « to Board
on or removes a plant from the list referred to m section 10,
the operator of the plant may, by written notice delivered to the
Commissioner and filed with the Board within fifteen days after
receipt of the decision of the Commissioner, appeal to the Board.
(2) The Board mav extend the time for the giving of notice under Extension
subsection (1), either before or after expiration of such time, where for appeal
it is satisfied that there are prima facie grounds for appeal and that
there are reasonable grounds for applying for the extension.
(3) Where an operator appeals to the Board under this section, JJ^^*^
the Board shall hear the appeal by way of a hearing de novo to
determine whether the plant should be included on or removed
from the list and may, after the hearing, confirm or alter the
decision of the Commissioner or direct the Commissioner to do
any act he is authorized to do under this Act and as the Board
308
Chap. 41
BEEF CATTLE MARKETING
Sec. 13 (3)
considers proper and, for such purposes, the Board may substitute
its opinion for that of the Commissi"oner.
Effect of (4) Notwithstanding that an operator has appealed under this
decision of .- ...ri/-^-- i ii->
Commissioner scction from a decision of the Commissioner, unless the Commis-
dfs"os"a! sioner otherwise directs, the decision of the Commissioner
of appeal effective until the appeal is disposed of. 1980, c. 53, s. 3, part.
IS
Parties 14. — (1) xhe Commissioner, the appellant and such other
persons as the Board may specify are parties to the proceedings
before the Board under this Act.
Members
making
decision
not to have
tai<en part
in investiga-
tion, etc.
(2) Members of the Board assigned to render a decision after a
hearing shall not have taken part prior to the hearing in any
investigation or consideration of the subject-matter of the hearing
and shall not communicate directly or indirectly in relation to the
subject-matter of the hearing with any person or with any party or
his representative except upon notice to and opportunity for all
parties to participate, but such members may seek legal advice
from an adviser independent from the parties and in such case the
nature of the advice should be made known to the parties in order
that they may make submissions as to the law.
Recording of (3) 'pj^g Q^al evidence taken before the Board at a hearing shall
evidence .
be recorded and, if so required, copies or a transcript thereof shall
be furnished upon the same terms as in the Supreme Court.
Only members
at hearing
to
participate
in decision
(4) No member of the Board shall participate in a decision of
the Board after a hearing who was not present throughout the
hearing and heard the evidence and argument of the parties and,
except with the consent of the parties, no decision of the Board
shall be given unless all members so present participate in the
decision. 1980, c. S3, s. 3, part.
Application of
R.S.O. 1980,
c. 484
1 5. The Statutory Powers Procedure Act applies to any hear-
ing by the Commissioner or the Board under this Act. 1980,
c. 53, s. 3.
Appeal to
Divisional
Court
16. — (1) Any party to the hearing before the Board may
appeal from the decision of the Board to the Divisional Court in
accordance with the rules of court.
Minister
entitled to
be heard
Record to
be filed
in court
(2) The Minister is entitled to appear, by counsel or otherwise,
upon the argument of an appeal under this section.
(3) The chairman of the Board shall file with the Registrar of
the Supreme Court the record of the proceedings before the Board
which, together with a transcript of the evidence before the Board
if it is not part of the Board's record, constitutes the record on the
appeal.
Sec. 19 BEEF CATTLE MARKETING Chap. 41 309
(4) An appeal under this section may be made on any question Powers of
that is not a question of fact alone and the court may confirm or apical*"
alter the decision of the Board or direct the Commissioner to do
any act he is authorized to do under this Act or may refer the
matter back to the Board for reconsideration by the Board as the
court considers proper and the court may substitute its opinion for
that of the Commissioner or the Board.
(5) Notwithstanding that an operator has appealed under this Effect of
section from a decision of the Board, unless the Board otherwise of Board
directs, the decision of the Board is effective until the appeal is Pf"^'"^
^'^ disposal
disposed of. 1980, c. 33, s. i,part. of appeal
1 7. Every person who contravenes any of the provisions of Offence
this Act or the regulations is guilty of an offence and on conviction
is liable to a fine of not more than $1,000. 1980, c. 53, s. 4.
18. No proceedings or conviction under this Act affects Leerai
the right of any person to any legal remedy to which he affected
would otherwise be entitled. R.S.O. 1970, c. 42, s. 11.
19. For the purpose of jurisdiction, in an information or where
conviction for a contravention of any of the provisions of complained
this Act or the regulations, the matter complained of may be to have
alleged and shall be deemed to have arisen at the place where *"^^°
the cattle or carcasses were sold, offered, exposed or had in
possession for sale or at the residence or usuiaJ place of resi-
dence of the person charged with the contravention. R.S.O.
1970, c. 42. s. 12.
Sec. 2 BEES Chap. 42 311
CHAPTER 42
Bees Act
1. In this Act, interpre-
tation
{a) "bee-keeper" means a person who owns or is in
possession of an apiary including the bees kept
therein ;
(b) "bees" means the insects known as apis mellifera;
(c) "bees-wax refuse" means damaged honeycombs,
honeycomb cappings or the material remaining
after the first rendering of used honeycombs or honey-
comb cappings ;
{d) "disease" means,
(i) American foul brood, being the disease of the
larvae and pupae of bees caused by organ-
isms known as bacillus larvae,
(ii) European foul brood, being the disease of the
larvae and pupae of bees caused by organisms
known as bacillus pluton or bacillus alvei, and
(iii) any disease designated by the regulations
as a disease within the meaning of this Act ;
(e) "infected" means infected with the causal organ-
isms of a disease ;
(/) "inspector" means an inspector appointed under this
Act;
{g) "Minister" means the Minister of Agriculture and
Food;
{h) "package bees" means bees placed in a screened
cage or package without honeycombs for the purpose
of being shipped. R.S.O. 1970, c. 43, s. 1.
2. Bees reared and kept in hives are private property. ?fve p^vate
R.S.O. 1970, C. 43. S. 2. property
312
Chap. 42
BEES
Sec. 3 (1)
Right of
owner to
pursue and
recover
swarm
3.' — (1) Subject to subsections (2), (3) and (4), where a swarm
of bees leaves a hive, the owner of the swarm may enter
upon the premises of any person and recover the swarm.
Where
owner
declines to
pursue
swarm
(2) Where the owner of a swarm of bees that leaves its
hive declines to pursue it and another person takes up the
pursuit, such other person is subrogated to all the rights of the
owner in respect of the swarm.
Owner of
premises to
be notified
(3) Where the right to recover a swarm of bees is claimed
under subsection (1) or (2), the person claiming the swarm shall
notify the owner of the premises on which the swarm has
settled before entering his premises and shall compensate him
for any damge to his premises caused by the entry.
When right
of property
in swarm
lost
(4) Where a swarm of bees leaves a hive and settles in
an occupied hive owned by a person other than the owner
of the swarm, the owner of the swarm loses all right of
property in the swarm. R.S.O. 1970, c. 43, s. 3.
Appoint-
ment of
Provincial
Apiarist and
inspectors
4. — (1) The Lieutenant Governor in Council may appoint
a Provincial Apiarist, an Assistant Provincial Apiarist and
such inspectors as are considered necessary for the adminis-
tration and enforcement of this Act and the regulations.
Assistant
Provincial
Apiarist
(2) The Assistant Provincial Apiarist shall act in lieu of
the Provincial Apiarist in the absence of the Provincial Api-
arist or when so instructed to act by him and when so
doing has all the powers and may perform any of the duties
of the Provincial Apiarist.
Provincial
Apiarist
(3) The Provincial Apiarist has all the powers and may
perform any of the duties of an inspector.
Duties of
inspector
(4) It is the duty of an inspector when he considers it
necessary or when so instructed by the Provincial Apiarist,
{a) to inspect any bees, hives or equipment pertaining
to the keeping of bees to ascertain if any disease
exists in the bees, or if the hives or equipment are
infected, or if the provisions of this Act and the
regulations have been complied with or contravened ;
(b) to inspect any books or records required by this Act
or the regulations to be kept by bee-keepers and
persons who sell bees.
Employment
of persons
by inspector
(5) With the approval of the Provincial Apiarist, an in-
spector may employ such persons as he requires to assist
him in an inspection and such persons shall be paid such
amounts as the Minister determines.
Sec. 5 (4) BEES Chap. 42 313
(6) In the performance of his duties under this Act and^*?*i'°f
, , . entry
the regulations, an inspector may at any time between sun-
rise and sunset enter any premises where bees, hives, equip-
ment or books or records pertaining to the keeping of bees
are kept or stored.
(7) No person shall obstruct the Provincial Apiarist, Assis- ^j^'j^jJ^J^^^^^^
tant Provincial Apiarist or an inspector in the performance
of his duties or furnish him with false information.
(8) Every bee-keeper shall, when requested so to do by an Assistance
inspector, assist the inspector in an inspection on the premises in inspect^n
of the bee-keeper. R.S.O. 1970, c. 43, s. 4.
6. — (1) Where an inspector has reasonable grounds for destruction
, ,. . , ,. f^ . . . r or treatment
believing that disease of a virulent type exists in any bees of infected
or the causal organisms of such disease exist in or on any
hives or equipment pertaining to the keeping of bees, he
may, by order in writing,
(a) require the bee-keeper to disinfect such bees, hives
or equipment in such manner and within such period
as the order requires ; or
(6) require the bee-keeper to destroy by fire, within such
period as the order requires, such bees, hives or
equipment as in the opinion of the inspector cannot
be disinfected.
(2) Where an inspector has reasonable grounds for believ- J^f^^J^^°J^
ing that disease not of a virulent type exists in any bees or^^ees
the causal organisms of such disease exist in or on any hives
or equipment pertaining to the keeping of bees, he may, by
order in writing, require the bee-keeper to disinfect such
bees, hives or equipment in such manner and within such
period as the order requires. 1971, c. 50, s. 12 (1).
(3) If the bee-keeper fails to carry out the instructions in i^°p|^t°(fj.
an order given under subsection (1) or (2) within such period as ^°^|^[°^
the order requires or if so requested by the bee-keeper, the diseased
inspector may carry out the instructions in the order and the
bee-keeper shall compensate the inspector for any expenses
incurred in carrying out the instructions. R.S.O. 1970,
c.43,s.5(3).
(4) Every order under this section shall be dehvered to order
the bee-keeper by an inspector or mailed by prepaid mail
to his last or usual place of abode and shall contain notice
to the bee-keeper that he may appeal from the order to
the Provincial Apiarist within five days after receipt of the order
314
Chap. 42
BEES
Sec. 5 (4)
and, where the order is mailed, the bee-keeper shall be deemed
to have received the order on the third day after the day of
mailing unless he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the order until a later date. 1971, c. 50, s. 12(2).
6. — (1) No bee-keeper shall keep bees in a hive without
Bees in hive
without
movable movable frames
frames
(2) Where an inspector finds that bees are kept in a hive
Transfer of
hpps to hiv6s
withmov- without movablc frames, he may order that they be trans-
ferred to hives with movable frames within such period as
he specifies.
beilkee°er (^) ^^ ^ bee-keeper fails to transfer the bees in accordance
to transfer with an order under subsection (2), the inspector may destroy
the hives and the bees dwelling therein.
s. 6.
R.S.O. 1970, c. 43,
Appeal 7^ — (1) Where a bee-keeper considers himself aggrieved by
an order of an inspector, he may within five days of the
receipt of the order appeal against the order by notice to
the Provincial Apiarist. R.S.O. 1970, c. 43, s. 7 (1).
'''^''" (2) An appeal under this section may be made in
writing or orally or by telephone to the Provincial Apiarist,
but the Provincial Apiarist may require the grounds for
appeal to be specified in writing before the hearing.
Hearing (3) Upou being notified of an appeal, the Provincial Apiarist
shall, after a hearing, confirm, revoke or modify the order
appealed against and shall notify the appellant of his
decision by prepaid mail and the appellant shall carry out
such order as is given by the Provincial Apiarist in his
decision.
Parties
Information
as to the
location of
hives, etc.,
to be given
inspector
Concealing
existence
of disease
(4) The bee-keeper and the inspector who made the
order appealed from are parties to an appeal under this
section. 1971, c. 50, s. 12 (3).
8. When requested by an inspector, every bee-keeper
shall inform the inspector of the location of all hives and
equipment pertaining to the keeping of bees in the possession
of the bee-keeper. R.S.O. 1970, c. 43, s. 8.
9. No bee-keeper shall conceal
disease. R.S.O. 1970, c. 43, s. 9.
the existence of any
bee^-kee er ' ^* ^very bee-keeper who finds the existence of disease
to report of a virulent type in his own apiarv or elsewhere shall
GXlStdlCG »/ 1 I ^
of disease immediately report the existence of the disease to the
Provincial Apiarist. R.S.O. 1970, c. 43, s. 10.
Sec. 16 BEES Chap. 42 315
1 1. — (1) The Lieutenant Governor in Council may declare Quarantine
a quarantine of bees in any area in Ontario that he desig-
nates and may fix the duration of the quarantine and the
conditions with respect thereto.
(2) No person shall move any bees, hives or equipment Moving
pertaining to the keeping of bees to or from an area of or from
quarantine without a permit from the Provincial Apiarist. '*'^*'^*°
R.S.Q. 1970, c. 43, s. 11.
12. — (1) No bee-keeper shall sell or remove or cause to be ^'g^^'^^^^j j^^^.
removed from his premises any bees, hives or equipment sale or
rGinovRi
pertaining to the keeping of bees without a permit from the of bees
Provincial Apiarist stating that such bees, hives or equip-
ment were inspected and found to be free from disease or
infection.
(2) Subsection (1) does not apply where the bees and equip- Exception
ment are moved by the bee-keeper from his extracting plant
to his apiaries or from his apiaries to his extracting plant.
R.S.O. 1970, c. 43, s. 12.
13. No person shall receive or transport in any n^annerPgej"™i|^ ^.^
within Ontario any bees other than package bees or used receive or
, . , .- 11- f , transport
hives or used equipment pertaining to the keeping of beesbees
obtained from outside Ontario without a permit from theoutside
Provincial Apiarist stating that he is satisfied that such bees^^^'^"
are free from disease and that such used hives or used equip-
ment are not infected. R.S.O. 1970, c. 43, s. 13.
14. No bee-keeper shall expose on his premises or else-^x^sing^
where any infected honeycomb or honey in such mannercomb or
that it is accessible to bees. R.S.O. 1970, c. 43, s. 14.
15. — (1) Where dead colonies of bees or honeycombs 3.reD^|Po^^^gg
exposed in such manner that they are accessible to bees, of bees. etc.
except where they are exposed for the purpose of cleaning
or disinfecting, the Provincial Apiarist may require the bee-
keeper to dispose of such colonies and honeycombs in such
manner and within such period as the Provincial Apiarist
specifies.
(2) If the bee-keeper fails to dispose of such colonies andj^"gj,«^jjf'y
honeycombs as required by the Provincial Apiarist, the
Provincial Apiarist may dispose of them and the bee-keeper
shall compensate the Provincial Apiarist for any expense
incurred in disposing of them. R.S.O. 1970, c. 43, s. 15.
1 6. No person who sells package bees shall use as food for^o^^^^^^
such bees any honey or candy containing honey. R.S.O. 1970,a8^fo^d^
c. 43, s. 16.
316
Chap. 42
BEES
Sec. 17
Bees
obtained
outside
Ontario
17. Every person who receives bees that have been ob-
tained from outside Ontario shall, within ten days of the receipt
of the bees, notify the Provincial Apiarist that the bees have
been received. R.S.O. 1970, c. 43, s. 17.
Spraying of
fruit trees
1 8. No person shall spray or dust fruit trees during the
period within which the trees are in bloom with a mixture
containing any poisonous substance injurious to bees unless
almost all the blossoms have fallen from the trees. R.S.O.
1970, c. 43, s. 18.
Location
of hives
19. — (1) No person in a place other than an urban muni-
cipality or suburban district designated under this section
shall place or leave hives containing bees within nine metres of a
highway, dwelling or cultivated field. R.S.O. 1970, c. 43, s. 19
(1); 1978, c. 87, s. 4 (1).
Exception (2) Subsection (1) does not apply to hives placed or left on
lands where the lands are separated from the highway,
dwelling or cultivated field by a hedge or a solid fence at least two
metres in height and extending at least 4. 5 metres from the hives in
both directions. R.S.O. 1970, c. 43, s. 19(2); 1978, c. 87, s. 4(2).
Location
of Mves
in urban
munici-
palities,
etc.
(3) No person in an urban municipality or suburban district
designated under this section shall place or leave hives containing
bees within thirty metres of a property line separating the lands on
which the hives are placed or left from lands occupied by a
dwelling or used for purposes of a community centre, public park
or other place of public assembly or recreation. R.S.O. 1970,
c. 43, s. 19 (3); 1978, c. 87, s. 4 (3).
dJsigimting ('^) ^^^ council of any township may pass by-laws designat-
d?stri^t° ing as a suburban district any part of the township that
adjoins an urban municipality or that adjoins another desig-
nated suburban district.
Ajpprovaiof (5) A by-law passed under subsection (4) shall not take effect
until it is approved by the Minister. R.S.O. 1970, c. 43,
Transporting
of used
containers
s. 19 (4, 5).
20. No person shall sell, transport or ship within Ontario
any used honey container that has not been properly
cleansed. R.S.O. 1970, c. 43, s. 20.
regisfrawo? ^^* — ^^^ ^° person shall keep bees in Ontario without a
certificate of registration from the Provincial Apiarist.
Application (2) Every application for a certificate of registration shall
be made to the Provincial Apiarist, accompanied by the
prescribed fee.
Sec. 25 if) BEES Chap. 42 317
(3) Every certificate of registration expires on the 31st day^P^y
of May in each year. R.S.O. 1970, c. 43, s. 21 .
22, No person shall buy, sell or transport bees-wax refuse ^g®^®^^^^^
or used honeycombs between the 1st day of April atid the Istasedjioney-
coxuds
day of December in any year without a permit from the
Provincial Apiarist. R.S.O. 1970, c. 43, s. 22.
23. Every bee-keeper and every person who sells bees shall, ^^°^^
returns
(a) keep such books and records as the regulations
prescribe ; and
(b) make such returns in such manner and at such times
as the regulations prescribe. R.S.O. 1970, c. 43,
S.23.
24. Every person who contravenes any provision of thisOff«°<5«
Act or the regulations or any order of the Provincial Apiarist,
Assistant Provincial Apiarist or an inspector is guilty of an
offence and on conviction is liable to a fme of not less than $10 and
not more than $50 for a first offence and to a fine of not less than
$25 and not more than $100 or to imprisonment for a term of not
more than thirty days for any subsequent offence. R.S.O. 1970,
c. 43, s. 24.
25. The Lieutenant Governor in Council may make regu-^^®*^*"°°«
lations,
(a) prescribing the fees that shall be paid for a certi-
ficate of registration ;
(b) providing for the keeping of a register of bee-keepers ;
(c) prescribing the books and records that shall be kept
by bee-keepers and by persons who sell bees or
package bees ;
(d) prescribing the returns that shall be made to the
Provincial Apiarist by bee-keepers and by persons
who sell bees or package bees ;
(e) requiring and prescribing the reports that shall be
made to the Provincial Apiarist by inspectors ;
(/) designating any area in Ontario as a queen bee
breeding area and regulating the keeping of bees
in such area ;
318 Chap. 42 BEES Sec. 25 (g)
l^) designating any disease of bees to be a disease within
the meaning of this Act ;
{h) prescribing forms and providing for their use ;
{i) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 43, s. 25.
Sec. 3 BILLS OF SALE Chap. 43 319
CHAPTER 43
Bills of Sale Act
1 . In this Act , interpre-
tation
(a) "actual and continued change of possession" means
such change of possession as is open and reason-
ably sufficient to afford public notice thereof ;
(b) "branch registrar" means the branch registrar for a
branch office established under Part IV of the
Personal Property Security Act; R.s.o. i980,
(c) "creditors" includes creditors of a seller suing on
behalf of themselves and other creditors, an assignee
in insolvency or trustee in bankruptcy of a seller, the
liquidator of a company in a winding up proceeding
under the Winding-up Act (Canada), and an assignee ^l^^jji^o-
for the general benefit of creditors, as well as credi-
tors having executions against the goods of a seller
in the hands of a sheriff or other officer ;
(d) "goods" has the same meaning as in the Sale o/RS.o. iqso,
Goods Act. R.S.O. 1970, c. 44, s. 1; 1972, c. 1, ' "*"
s. 26(1).
2. This Act does not apply to an assignment for the -Assignment
general benefit of creditors to which the Assignments a«</ of creditors
Preferences Act applies. R.S.O. 1970, c. 44, s. 2. excepted
R.s.o. 1980,
c. 33
3. Every sale of goods, not accompanied by an inimediate|*i^°^jjj.
delivery and followed by an actual and continued change ofattended
possession of the goods sold, shall be evidenced by a writingdeiivery
signed by the seller, and such writing is a bill of sale under
this Act, and such bill of sale, accompanied by an affidavit of
an attesting witness thereto of the due execution of the bill
of sale and an affidavit of the buyer that the sale is bona
fide and for good consideration, as set forth in the bill of
sale, and not for the purpose of holding or enabling the
buyer to hold the goods mentioned therein against the
creditors of the seller, shall be registered as provided by
this Act ; otherwise the sale is void as against the creditors of the
seller and as against subsequent buyers and mortgagees in
good faith. R.S.O. 1970, c. 44, s. 3.
320
Chap. 43
BILLS OF SALE
Sec. 4
agreement '^^ Every covenant, promise or agreement to make a sale of
to make goods shall be evidenced by a writing and shall be deemed
to be a sale of goods within the meaning of this Act. R.S.O.
1970, c. 44, s. 4.
fll^°/ 5. This Act applies to a sale of goods that may not be the
goods not in property of or in the possession, custody or control of the
DOSS6SSiOIl I I -J L J
ofseuer seller or any person on his behalf at the time of the sale,
for future^ and notwithstanding that the goods may be intended to be
delivery delivered at some future time, or that they may not at the
time of the sale be actually procured or provided or fit or
ready for delivery, or that some act may be required for the
making or completing of the goods or rendering them fit for
delivery. R.S.O. 1970, c. 44, s. 5.
When sub-
sequent
possession
not to
validate
sale other-
wise void
6. A sale of goods that is void under this Act shall not
by the subsequent taking of possession of the goods by the
buyer be thereby made valid as against persons who became
creditors, buyers or mortgagees in good faith before such
taking of possession. R.S.O. 1970, c. 44, s. 6.
Effect
of bill
of sale
7. Except as otherwise provided by this or any other Act,
a bill of sale is effective according to its terms between the
parties to it and against third parties. R.S.O. 1970, c. 44,
s. 7.
Where
bills of
sale, etc.,
to be
registered
8. — (1) Subject to subsection (2), bills of sale and renewal
statements under this Act shall be registered in the office of
the branch registrar of the county or district in which the
goods sold are situate at the time of the execution of the bill of
sale. R.S.O. 1970, c. 44, s. 8 (1) ; 1972, c. 1, s. 26 (2).
Haliburton
(2) Where the goods are situate in the Provisional County of
Haliburton, bills of sale and renewal statements shall be
registered in the office of the branch registrar of the County of
Victoria. R.S.O. 1970, c. 44, s. 8 (2); 1972, c. 1, s. 26 (2).
Limitation 9 — (n In the case of a county, a bill of sale shall be
of time for . \ • ■, . r r 1
registration registered withm five days from the execution thereof.
HaUburton (2) In the case of the Provisional County of Haliburton or
districts of a district, a bill of sale shall be registered within ten
days from the execution thereof.
(3) Where there are more sellers than one, the time shall be
Computa-
tion of
time for computed from the execution of the instrument by the last
registration " -^
seller who executed it. R.S.O. 1970, c. 44, s. 9.
Sec. 12 (4) BILLS OF SALE Chap. 43 321
lO. — (1) Where a bill of sale is not registered within the^^«°Jo°
time prescribed by this Act, a judge of a county or district
court on application may, upon such terms and conditions
and with such notice, if any, as he may order, extend the time
for registration upon being satisfied that no interest of any
other person will be prejudiced by such extension, but, in the
event that it later appears that the late registration has
prejudiced the rights that any person acquired before the late
registration, the late registration shall be presumed not to have
been done in conformity with this Act, and the rights that
such person acquired before the late registration shall be
determined on that basis.
(2) A copy of an order made under subsection (1) shall Mem
for the purpose of registration be attached to the bill of
sale to which the order relates. R.S.O. 1970, c. 44, s. 10.
1 1. A bill of sale shall not be registered unless, in addition Contents
to the other requirements of this Act, it contains and legibly sale for
4. f .tu i. 1 \ o ./ registration
sets forth at least ,
{a) the full name and address of the seller ;
(b) the full name and address of the buyer ;
(c) the date of execution of the bill of sale ;
(d) a description of the goods sold sufficient to identify
them; and
{e) the terms and conditions of the bill of sale. R.S.O.
1970, c. 44, s. 11.
12. — (1) An affidavit of bona fides required by section 3 who may
may be made by one of two or more buyers or by his or affidavits of
bono, fidss
their agent if the deponent is aware of all the circumstances
connected with the bill of sale and is authorized in writing
to take the bill of sale.
(2) If a bill of sale under this Act is made to a corporation, i^J»®j^
the affidavit of bona fides may be made by any officer or agent corporation
thereof authorized to do so by resolution of the directors.
(3) Where an affidavit of bona fides is made by an agent of Affidavits
the buyer or by an officer or agent of a corporation, it shall a^n^^or
state that the deponent is aware of all the circumstances
connected with the bill of sale and has personal knowledge
of the facts deposed to.
(4) When a bill of sale is made to a corporation having ^^^^^^e^g
branches, agencies or offices opened pursuant to statutory ^^^may
authority, the affidavit of bona fides may be made by theafflda^vitof
322
Chap. 43
BILLS OF SALE
Sec. 12 (4)
manager, assistant manager or accountant of any such branch,
agency or office without being authorized so to do by resolution
of the directors, and the affidavit shall state that the deponent
is aware of all the circumstances connected with the bill of sale
and has personal knowledge of the facts deposed to.
aut^hority (^) ^ ^^^Y °^ ^" authority referred to in this section shall,
attached ^°^ ^^^ purposes of registration, be attached to the bill of
tobui sale to which the authority relates.
of sale
Affidavit of
executor,
etc.
(6) An affidavit of bona fides may, in the case of the death
of the buyer, be made by any of his next of kin or by his
executor or administrator if the deponent is aware of all the
circumstances connected with the bill of sale. R.S.O. 1970,
C.44. s. 12.
Expiry of
existing
registrations
13. — (1) The registration of every bill of sale made under
The Bills of Sale and Chattel Mortgages Act, being chapter 45
of the Revised Statutes of Ontario, 1970, before the 1st day of
April, 1976 expires on the third anniversary date of the original
registration after that day unless a renewal statement in the pre-
scribed form containing the particulars mentioned in section 1 1 is
registered before such anniversary date.
made under this Act
three
future (^) Every registration maae under tnis Act expires
registrations years after the date of registration, unless a renewal state-
ment in the prescribed form is registered before the three-year
period expires.
re'glstrauon (^^) '^^^ registration of a renewal statement extends the
of renewal effect of the Original registration for three years from the
date of registration of the renewal statement, and so on from
time to time.
onfme^°° (4) Where a renewal statement is not registered within the
time prescribed by this section, a judge of a county or
district court on application may, upon such terms and con-
ditions and with such notice, if any, as he may order, extend
the time for registration upon being satisfied that no interest
of any other person will be prejudiced by such extension, but,
in the event that it later appears that any such registration
within the period so extended has prejudiced the rights that any
person acquired before the registration, such registration shall
be presumed not to have been done in conformity with this
Act for the purpose of determining the rights that such
person acquired before the registration.
Idem (5) A copy of an order made under subsection (4) shall for
the purposes of registration be attached to the renewal state-
ment to which the order relates. R.S.O. 1970, c. 44, s. 13.
Sec. 18 (c) BILLS OF SALE Chap. 43 323
14. — (1) Upon the request of any person, the branch <^®i"pfled
registrar shall furnish a copy of any document registered in his
office under this Act, and of anv endorsement thereon,
certified under his hand. R.S.O. 1970, c. 44, s. 14 (1);
1972, c. l,s. 26(2,3).
(2) A copy of any document and of any endorsement ^g^o°^°^j.jQjj
thereon certified under subsection (1) is prima facie evidence
that the document was registered according to the endorse-
ment thereon. R.S.O. 1970, c. 44, s. 14 (2).
1 3. The branch registrar shall make an entry of every bill i°<*®*
of sale and renewal statement registered in his office under this
Act in an index to be kept for that purpose. R.S.O.
1970. c. 44, s. 15; 1972, c. 1, s. 26 (2).
16. During the regular office hours of the branch registrar, inspection
any person may require a search to be made of the index of
documents registered under this Act and may inspect any
document registered under this Act. R.S.O. 1970, c. 44, s. 16;
1972, c. l,s. 26(2).
1 7 . The branch registrar is entitled for services under ^^^^
this Act to the fees prescribed by the regulations made under
this Act. R.S.O. 1970, c. 44, s. 17; 1972, c. 1, s. 26 (2).
18. The Lieutenant Governor in Council may make ^^^^^^^io^s
regulations,
{a) requiring the payment of fees and prescribing
the amounts thereof ;
(b) prescribing forms and providing for their use ;
(c) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act. R.S.O. 1970, c. 44, s. 18.
3.:.^<}i>m
Sec. 2 (2) (b) BLIND persons' rights Chap. 44 325
CHAPTER 44
Blind Persons' Rights Act
1, — (1) In this Act, Interpre-
(a) "blind person" means a person who because of
blindness is dependent on a dog guide or white
cane;
(b) "dog guide" means a dog trained as a guide
for a blind person and having the qualifications
prescribed by the regulations.
(2) This Act applies notwithstanding any other Act or any Application
regulation, by-law or rule made thereunder.
(3) This Act binds the Crown. 1976, c. 14, s. 1. Act binds
^ ' > > . Crown
2. — (1) No person, directly or indirectly, alone or with ^^**^^^
another, by himself or by the interposition of another, in places
. ,, "^ -^ *^ to which
shall, pabllc
admitted
(a) deny to any p)erson the accommodation, services
or facilities available in any place to which the
public is customarily admitted ; or
(6) discriminate against any person with resf>ect to the
accommodation, services or facilities available in
any place to which the pubhc is customarily
admitted, or the charges for the use thereof,
for the reason that he is a blind person accompanied
by a dog guide.
(2) No person, directly or indirectly, alone or with ^^^jj^*
another, by himself or by the interposition of another, ^^eu-^^
shall. dwelling
unit
(a) deny to any person occupancy of any self-contained
dwelling unit ; or
(6) discriminate against any person with respect to any
term or condition of occupancy of any self-contained
dwelling unit.
326
Chap. 44
BLIND persons' RIGHTS
Sec. 2 (2)
for the reason that he is a bhnd person keeping or
customarily accompanied by a dog guide.
other
facilities
(3) Nothing in this section shall be construed to entitle
a blind person to require any service, facility or accommo-
dation in respect of a dog guide other than the right to be
accompanied by the dog guide. 1976, c. 14, s. 2.
onu8e*of°° ^* ^° person, other than a blind person, shall carry
white cane or use a cane or walking stick, the major part of which is
white, in any public place, public thoroughfare or public
conveyance. 1976, c. 14, s. 3.
Identification 4. — (1) The Attorney General or an officer of his Ministry
designated by him in writing may, upon application therefor,
issue to a bhnd person an identification card identifying the
blind person and his dog guide.
cardsas (2) An identification card issued under subsection (1) is
prima facie
proof of prima facie proof that the blind person and his dog
guide identified therein are qualified for the purposes of
this Act.
qualification
Surrender
of cards
(3) Any person to whom an identification card is issued
under subsection (1) shall, upon the request of the Attorney
General or an officer of his Ministry designated by him in
writing, surrender his identification card for , amendment or
cancellation. 1976, c. 14, s. 4.
Regulations 5^ Jhe Lieutenant Governor in Council may make regula-
tions prescribing qualifications for dog guides. 1976, c. 14, s. 5.
Penalty
6. — (1) Every person who is in contravention of section 2 is
guilty of an offence and on conviction is liable to a fine not
exceeding $1,000.
Idem
(2) Every person who is in contravention of section 3 or of
subsection 4 (3) or who, not being a blind person, purports to be a
blind person for the purpose of claiming the benefit of this Act is
guilty of an offence and on conviction is liable to a fine not
exceeding $100. 1976, c. 14, s. 6.
,'ft
.:ii lo yDfiBq;'
7nsi •;)t t .t'jfp'vi
Sec. 2 BLIND workmen's COMPENSATION Chap. 45 327
CHAPTER 45
Blind Workmen's Compensation Act
1 . In this Act, interpre-
tation
(a) "blind workman" means a workman as defined by
the Workmen's Compensation Act who has a central RS.o, iggo.
visual acuity in his better eye reading 6-60 or 20-200
or less;
ib) "Board" means The Workmen's Compensation
Board;
(c) "employer" means an employer as defined by the
Workmen's Compensation Act who has in his employ
a blind workman;
(d) "full cost of compensation" means the compensa-
tion, burial expenses, cost of furnishing medical aid,
and all other amounts payable under or by virtue of
Part I of the Workmen's Compensation Act by
reason of a blind workman meeting with an acci-
dent for which he would be entitled to compensa-
tion under such Act, and includes the capitalized
sum or present value of the sum required as deter-
mined by the Board to provide for future payments
of compensation to the pensioner or his dependants;
ie) "Institute" means The Canadian National Institute
for the Blind;
if) "Ministry" means the Ministry of Labour. R.S.O.
1970, c. 46, s. 1; 1972, c. 1, s. 1.
2. Where the full cost of compensation exceeds $50, the Reimburse-
Ministry shall, in the case of industries coming under employers
Schedule 1 of the regulations under the Workmen's Com-
pensation Act, pay the compensation to the Board by way
of reimbursement to the accident fund as defined by such
Act, and, in the case of industries coming under Schedule
2 of such regulations, pay the compensation to the employer,
such payment or payments to be made out of the moneys
appropriated therefor by the Legislature upon receiving from
the Board a certificate of the full cost of compensation, which
certificate may be accepted by the Ministry without further
proof. R.S.d. 1970, c. 46, s. 2; 1972, c. 1, s. 1.
328
Chap. 45 BLIND workmen's compensation
Sec. 3
Prior 3. In making any award to a blind workman for injury by
R.s.o. 1980, accident under the Workmen's Compensation Act, the Board
c 539 may have regard to any previous awards made to him for
injury under such Act. R.S.O. 1970, c. 46, s. 3.
Assessments
4. The assessment on an employer to be levied by the
Board on the wages of a blind workman may be fixed by
the Board at such an amount as may be considered fair,
having regard to the Workmen's Compensation Act. R.S.O.
1970, c. 46, s. 4.
Proper
placement
5. — (1) Subject to subsection (2), the Institute has ex-
clusive jurisdiction as to the nature of the work a blind
workman shall do and as to the proper placement of such
workman.
Assignment
of powers
and duties
of the
Institute
(2) Upon the recommendation of the Board, the Lieu-
tenant Governor in Council may designate any other organiza-
tion or institution to execute the powers and perform the
duties assigned to the Institute under this Act and thereupon
this Act shall be read as though the name of the organization
or institution was substituted for the Institute. R.S.O. 1970,
c. 46, s. 5.
Waiver of
rights in
case of
improper
placement
6. An employer giving employment to a blind workman
without the consent or approval of the Institute, or
changing the nature of such employment once approved by
the Institute without the consent or approval of the In-
stitute, shall be deemed to have waived all right to the
benefit of this Act in respect of injury to such blind
workman. R.S.O. 1970, c. 46, s. 6.
Access to
blind
workman
7. Officers of the Institute shall have access at all times to
the place of employment of a blind workman with the
knowledge and consent of the superintendent or foreman.
R.S.O. 1970, c. 46, s. 7.
Certificates
or other
requisitions
8. The Institute shall provide the Board, upon request,
with all such certificates or other material as may be
required by the Board in the fulfilment of its duties.
R.S.O. 1970, c. 46, s. 8.
Sec. 1118 BOILERS AND PRESSURE VESSELS Chap. 46 329
CHAPTER 46
Boilers and Pressure Vessels Act
1. In this Act, interpre-
tation
1. "boiler" means a fired vessel in which gas or vapour
may be generated or a gas, vapour or liquid may be
put under pressure by heating, and includes any
pipe, fitting and other equipment attached thereto
or used in connection therewith, except that, where
the expression is used in respect of the approval and
registration of its design, "boiler" means a fired
vessel in which gas or vapour may be generated or
a gas, vapour or liquid may be put under pressure
by heating ;
2. "certificate of approval" means a certificate issued
under this Act for a boiler or pressure vessel not
inspected during fabrication or for a plant not in-
spected during installation ;
3. "certificate of competency" means a certificate issued
under this Act to a person qualified to inspect
boilers, pressure vessels and plants, and includes a
renewal thereof ;
4. "certificate of inspection" means a certificate issued
under this Act in respect of any inspection of a boiler,
pressure vessel or plant, and includes a certificate
of inspection issued by an insurer ;
5. "chief inspector" means the chief inspector desig-
nated under this Act ;
6. "design", in reference to a boiler, pressure vessel
or plant, means its plan or pattern, and includes
drawings, specifications and, where required, the
calculations and a model ;
7. "design pressure" means the maximum pressure that
a boiler, pressure vessel or plant is designed to
withstand safely when operating normally;
8. "fired vessel" means a vessel that is directly heated
by.
330 Chap. 46 BOILERS and pressure vessels Sec. 1 118 (a)
(a) a flame or the hot gases of combustion,
(b) electricity,
(c) rays from a radioactive source, or
(d) molecular agitation arising from the process
of fission ;
9. "fitting" means a safety valve, stop valve, auto-
matic stop-and-check valve, a blow-down valve,
reducing valve, water gauge, gauge cock, pressure
gauge, injector, test cock, fusible plug, regulating or
controlling device, and pipe fittings, attached to or
used in connection with a boiler, pressure vessel or
plant ;
10. "inspector" means an inspector appointed under this
Act, and includes the chief inspector ;
R.so. 1980, 1 1 "insurer" means a person licensed under the Insurance
Act to undertake boiler and machinery insurance as
defined by that Act ;
12. "low pressure boiler" means,
(a) a boiler in which gas or vapour is generated
and that is intended to be operated or is
operated at a gas or vapour pressure of not more
that 15 pounds, or
(6) a boiler in which a liquid is heated but no gas
or vapour is generated and that is intended
to be operated or is operated at a liquid
pressure of not more than 160 pounds and in
which the liquid at the outlet does not exceed
250°F. ;
13.
"major repairs" means repairs that may affect the
strength of a boiler, pressure vessel or plant ;
14. "maximum allowable pressure" means the maxi-
mum pressure at which a boiler, pressure vessel or
plant is permitted to be operated or used under this
Act;
15. "Minister" means the Minister of Consumer and
Commercial Relations ;
16. "owner" includes a person for the time being in
possession of a boiler, pressure vessel or plant ;
Sec. 1127 BOILERS AND PRESSURE VESSELS Chap. 46 331
17. "periodic inspection" means an inspection made at
intervals of other than twelve months ;
18. "pipe" means any pipe attached to or connected with
a boiler, pressure vessel or plant ;
19. "plant" means a system of piping that is used to con-
tain a gas, vapx)ur or liquid under pressure, and
includes any boiler or pressure vessel connected
thereto ;
20. "pressure" means pressure in pounds per square inch
measured above prevailing atmospheric pressure;
21 . "pressure vessel" means an unfired vessel that may be
used for containing, storing, distributing, trans-
ferring, distilling, processing or otherwise handling
any gas, vapour or liquid under pressure, and includes
any pipe, fitting and other equipment attached
thereto or used in connection therewith, except that,
where the expression is used in respect of the approval
and registration of its design, "pressure vessel"
means an unfired vessel that may be used for con-
taining, storing, distributing, transferring, distilling,
processing or otherwise handling any gas, vapour
or liquid under pressure ;
22. "professional engineer" means a person registered
as a professional engineer or a person who is licensed
to practise as a professional engineer under the
Professional Engineers Act; ^ f g? ^^^'
23. "regulations" means the regulations made under
this Act;
24. "seal" means to take any measures satisfactor\' to
the chief inspector that will effectively prevent the
operation or use of a boiler, pressure vessel or plant;
25. "used boiler, pressure vessel or plant" means a
boiler, pressure vessel or plant that has been sold or
exchanged and that has been moved from its previous
site of installation for use elsewhere;
26. "welding" means welding in the fabrication or repair
of a boiler, pressure vessel or plant;
27. "welding operator" means a person engaged in
welding, either on his own account or in the employ
of another person, on the fabrication or repair of
332
Chap. 46
BOILERS AND PRESSURE VESSELS
Sec. 11127
Exemptions
from Act
boilers, pressure vessels or plants or parts thereof.
R.S.O. 1970, c. 47, s. 1 ; 1972, c. 1, s. 28; 1972, c. 31,
s. 1.
2. — (1) This Act does not apply to,
(a) a boiler used in connection with a hot liquid heating
system that has no valves or other obstructions to free
circulation between the boiler and an expansion tank
that is vented freely to the atmosphere ;
{b) a low pressure boiler having a heating surface of 30
square feet or less ;
(c) a boiler, pressure vessel or plant used exclusively for
agricultural purposes ;
{d) a pressure vessel having a capacity of 1^2 cubic
feet or less ;
(e) a pressure vessel for permanent use at a pressure of
15 pounds or less ;
(/) a pressure vessel having an internal diameter of
6 inches or less ;
{g) a pressure vessel having an internal diameter of
24 inches or less used for the storage of hot water for
domestic use ;
(h) a pressure vessel used exclusively for hydraulic pur-
poses at atmospheric temperature ;
{i) a pressure vessel having an internal diameter of
24 inches or less connected in a water-pumping
system containing air that is compressed to serve as a
cushion ;
(J) a refrigeration plant having a capacity of three
tons or less of refrigeration in twenty-four hours.
Additional
exemptions
(2) The Lieutenant Governor in Council may exempt any
class of boiler, pressure vessel or plant from this Act or the
regulations or any provision thereof. R.S.O. 1970, c. 47, s. 2.
Inspectors,
appoint-
ment
Inspectors
not to have
interest in
sale, etc.,
of boilers,
etc.
3. — (1) The Lieutenant Governor in Council may appoint
inspectors to inspect boilers, pressure vessels and plants under
this Act, and may designate one of them as the chief inspector.
(2) No person shall be appointed or act as an inspector
who has any direct or indirect financial interest in boilers,
pressure vessels or plants. R.S.O. 1970, c. 47, s. 3.
Sec. 8 (b) BOILERS AND PRESSURE VESSELS Chap. 46 333
4. — (1) No person shall carry out an inspection of a boiler, ^«'^*flcate
pressure vessel or plant for the purposes of this Act who competency
does not hold a certificate of competency.
(2) Subject to the regulations, every applicant for a certificate ^amina-
of competency shall pass such examinations and tests as the
Minister may require.
(3) The Minister may suspend, cancel or refuse to renew any suspension
certificate of competency for such reasons as are prescribed lation
by the regulations. R.S.O. 1970, c. 47, s. 4.
5. An inspector in the course of his duties may enter any ^^|^^* to^j^
building or premises where he has reason to believe that a boiler, in«8 and
pressure vessel or plant is being installed, operated or used.
R.S.O. 1970, c. 47, s. 5.
6. — (1) No person shall hinder or obstruct an inspector o^gtJ"^ctin|
in the performance of his duties under this Act or neglect information,
or refuse to furnish information to an inspector in the per-
formance of his duties or furnish him with false or mis-
leading information.
(2) Every person shall furnish all necessary means in his^n^.^^^^
power to facilitate any entry, inspection, examination or etc.
inquiry by an inspector in the exercise of his powers and the
carrying out of his duties under this Act. R.S.O. 1970,
c. 47, s. 6.
7. The chief inspector may by notice in writing require ^°*^j;J^°
the attendance before him of any person at the time and place ^n^^e^amine
named in the notice and examine such person under oath under oath
regarding any matter pertaining to a boiler, pressure vessel
or plant or in respect of an accident arising out of its
operation or use. R.S.O. 1970, c. 47, s. 7.
8. On every annual or periodic inspection of a boiler, J°^|^o^°^
pressure vessel or plant, the inspector, iMpecti^°°
(a) shall satisfy himself that the boiler, pressure vessel or
plant is being operated or used and maintained in
accordance with this Act and the regulations and that
the safety valves have seals and are properly set;
and
(b) shall review the maximum allowable pressure of the
boiler, pressure vessel or plant and make any reduc-
tion in it for safe operation or use having regard to its
design, fabrication, age, condition and use. R.S.O.
1970. c. 47. s. 8.
334
Chap. 46
BOILERS AND PRESSURE VESSELS
Sec. 9
Power to
require
owner, etc.,
to do things
necessary
for proper
inspection
Safety-
measures
during
inspection,
repair, etc.
9, An inspector may require the owner or other person
responsible for or in charge of a boiler, pressure vessel or plant,
(«) to prepare it for inspection or test in such manner as
the inspector requires and to supply water for and to
assist in making any test ;
(b) to cut or drill holes in it or to use any other method
to enable the inspector to determine its condition
and the thickness of the metal ;
(c) to put it under pressure or otherwise put it into
operation so that the inspector may test the safety
valves or any part of the installation under operating
conditions ;
{d) to stop the application of heat to a boiler or to reduce
the pressure upon a boiler, pressure vessel or plant to
a designated pressure if the inspector has reason to
believe that it is in an unsafe condition ; and
(e) to do any other thing the inspector considers
necessary to ensure a proper inspection. R.S.O.
1970, c. 47, s. 9.
10. Where during an inspection, repair or the main-
tenance of a boiler, pressure vessel or plant there is any
possibility of any gas, vapour or liquid causing injury to the
person inspecting, repairing or maintaining it, the owner or
other person responsible for or in charge thereof shall,
{a) have a competent person stationed so as to prevent
any gas, vapour or liquid from entering the boiler,
pressure vessel or plant or any part thereof; and
(6) take such other measures as will ensure the safety
of the person inspecting, repairing or maintaining
the boiler, pressure vessel or plant. R.S.O. 1970,
c. 47, s. 10.
Directions
by inspector
re instal-
lation,
operation,
etc.
Refusal of
owner, etc.,
to obey
directions of
inspector
1 1 . — ( 1 ) An inspector may give directions orally or in
writing to the owner or other person responsible for or in
immediate charge of a boiler, pressure vessel or plant on any
matter pertaining to safety with regard to its installation,
operation, care, maintenance or repair and require that his
directions be carried out within such time as he specifies.
(2) If the owner or other person responsible for or in
immediate charge of a boiler, pressure vessel or plant fails
to comply with any direction given by an inspector, the
Sec. 15 (1) ib) BOILERS AND PRESSURE VESSELS Chap. 46 335
inspector shall order that the boiler, pressure vessel or plant
be shut down or sealed and he shall forthwith report the
circumstances to the chief inspector who may cancel the
certificate of inspection or the certificate of approval. R.S.O.
1970, c. 47. s. 11.
12. Where in the opinion of an inspector a boiler, pressure where
vessel or plant is in an unsafe operating condition or is being unsafe
operated in a dangerous manner, the inspector shall seal the
boiler, pressure vessel or plant and take such steps as are
necessary to remove the danger, and the chief inspector may
cancel the certificate of inspection or the certificate of
approval. R.S.O. 1970. c. 47. s. 12.
13. No person shall operate or use a boiler, pressure Prohibition
, T , r 11 1 1 1 '■e operation
vessel or plant that has been shut down or sealed under of sealed
boiler 6tjC
section 11 or 12, or cause or permit it to be operated or used,
or destroy, remove or tamper with the seal of an inspector
until permission has been obtained from an inspector. R.S.O.
1970, c. 47, s. 13.
14. — (1) Where a boiler, pressure vessel, fitting or pipe is^®?*^°^^
to be fabricated for use in Ontario, the designer shall submit
its design and specifications to the chief inspector for approval
and registration bv him before commencing its fabrication.
R.S.O. 1970, c. 47, s. 14(1).
(2) Where approval and registration is sought for the design of a prof^g^nai
boiler or pressure vessel to be fabricated for use in Ontario the engineer
designer shall submit, with the design and specifications, draw-
ings of the design that bear the signature and seal of a professional
engineer. 1972, c. 31, s. 2.
(3) Where an unused boiler or pressure vessel has been fabri- where ^^^
cated and its design and specifications have not been approved available
and registered, the chief inspector may cause it to be inspected,
and, if he is satisfied that it may be operated or used safely, may
issue a certificate of inspection for it as a used boiler or pressure
vessel.
(4) Where a plant is to be installed, its design and specifica- °f®^jfSt
tions shall be submitted to the chief inspector for approval
and registration before its installation is commenced. R.S.O.
1970. c. 47, s. 14(2,3).
15.— (1) The chief inspector may require the inspection, ^^J?^|"°°
fabrication,
(a) of a boiler or pressure vessel at any stage of its etc.
fabrication ; or
(b) of a boiler, pressure vessel or plant at any stage of
its installation.
336
Chap. 46
BOILERS AND PRESSURE VESSELS SeC. 15 (2)
certfficate of ^^^ Where a boiler or pressure vessel has been inspected
inspection during fabrication or a plant has been inspected during
installation, the inspector shall report thereon to the chief
inspector who, if satisfied that it may be operated or used
safely, may issue a certificate of inspection for it. R.S.O.
1970, c. 47, s. 15.
Certificate
of approval
1 6. Where the chief inspector has not required the inspec-
tion of a boiler or pressure vessel during its fabrication or of
a plant during its installation, he may, if he is satisfied
that it may be operated or used safely, issue a certificate of
approval therefor. R'.S.O. 1970, c. 47, s. 16.
Boiler, etc.,
defective
after
fabrication
17. Notwithstanding the approval and registration of its
design, if a boiler, pressure vessel or plant is found to be
defective after its fabrication or installation, as the case may
be, the chief inspector may permit it to be operated or used
within such limits of safety as he considers proper, and shall
require the fabricator or installer to revise its design and
specifications in order to correct its defects within such
period as he may allow, and, failing such revision or if the
defects cannot in his opinion be remedied, he shall cancel the
approval and registration of the design, and no additional
boiler, pressure vessel or plant shall be fabricated or installed
therefrom. R.S.O. 1970, c. 47, s. 17.
Boiler | g. Where a boiler, pressure vessel or plant has not been
fabricated in fabricated or installed, as the case may be, in conformity
with with its approved design but nevertheless may be used safely
desfgn^ at a lower pressure that its design pressure, the person
making the inspection shall fix its maximum allowable
pressure having regard to its design, condition, installation and
the purpose for which it is to be operated or used. R.S.O.
1970, c. 47, s. 18.
Prohibition \Q — (U ]sjo Dcrson shall Operate or use, or permit to be
re operation \ / r r > r
of boilers, Operated or used, any boiler, pressure vessel or plant at a
unsafe working pressure higher than its design pressure.
pressures
Idem
(2) No person shall operate or use, or permit to be operated
or used, a boiler, pressure vessel or plant at a pressure
higher than its maximum allowable pressure as shown in the
certificate of approval or the subsisting certificate of inspection.
R.S.O. 1970, c. 47, s. 19.
Safety
valves
20. — (1) Subject to subsection (2), every boiler, pressure
vessel or plant shall have at least one safety valve of ade-
quate capacity set to relieve at or below its maximum allowable
pressure.
i
Sec. 24 (2) BOILERS AND PRESSURE VESSELS Chap. 46 337
(2) Where more than one boiler or pressure vessel are ^^^"^
connected in a plant for use at a common operating pressure,
they shall be protected by one or more safety valves of
adequate capacity set to relieve at or below the common
maximum allowable pressure that shall not exceed the maxi-
mum allowable pressure of the \veakest boiler or pressure
vessel in the plant. R.S.O. 1970, c. 47, s. 20.
21. While a boiler, pressure vessel or plant is in operation Tampering
or use, no person shall, without the permission of an inspector,^ °^
alter, interfere with or render inoperative any fitting that is
attached for safety purposes to the boiler, pressure vessel or
plant. R.S.O. 1970, c. 47, s. 21.
22. Subject to subsection 28 (2), the owner of every boiler or^^^^^°^
pressure vessel in operation or use shall have it inspected at least inspection
once in every twelve months, or at such periodic intervals as are
prescribed in the regulations, by an inspector or, on the instruc-
tions of the chief inspector, by a person having a subsisting certifi-
cate of competency. R.S.O. 1970, c. 47, s. 22.
23. — (1) Following any inspection, the inspector shall is^"® of
make a report to the chief inspector on the condition and of inspection
operation or use of the boiler, pressure vessel or plant, and,
if the inspector is satisfied that it may continue to be operated
or used safely, the chief inspector may issue a certificate of
inspection.
(2) The fee for a certificate of inspection and the expenses Fee a°d
^ ' * * expenses
of the inspector shall be paid to the inspector at the time of
inspection, unless the chief inspector has notified the inspector
that the fee and expenses are being remitted direct to the
chief inspector.
(3) The chief inspector shall not issue a certificate of ap-i<*e™
proval or a certificate of inspection for a boiler, pressure
vessel or plant until the provisions of this Act applicable
thereto have been complied with and the prescribed fees and
expenses have been paid. R.S.O. 1970, c. 47, s. 23.
24. — (1) A certificate of inspection or a certificate oi^l^^^^
approval is prima facie evidence of the inspection of the boiler, operation
pressure vessel or plant, and the certificate, subject to this
Act, authorizes the operation or use of the boiler, pressure
vessel or plant in accordance with the terms of the certificate.
(2) Every certificate of inspection or certificate of approval Expiration
remains in force for twelve months from the date of in- certificate
spection unless it is sooner cancelled or unless a shorter or
longer period is specified therein.
338
Chap. 46
BOILERS AND PRESSURE VESSELS SeC. 24 (3)
(3) The maximum allowable pressure at which a boiler,
pressure vessel or plant may be operated or used and the
Maximum
pressure
lobe
certificate safety valve set to relieve shall be specified in the certificate
of inspection or certificate of approval.
Certificate
to be posted
(4) Every certificate of inspection or certificate of approval
shall be kept in good condition by the owner of the boiler,
pressure vessel or plant for which it was issued, and he shall
post it in a conspicuous place near such boiler, pressure vessel
or plant or, if that is impracticable, at such place as an
inspector may direct. R.S.O. 1970, c. 47, s. 24.
re o^erati*on ^^* ^° person shall operate or use or permit to be operated
without or used a boiler, pressure vessel or plant unless a certificate
OGrtlflCflitG
of Inspection of inspection or a certificate of approval for it is in force.
R.S.O. 1970, c. 47, s. 25.
Further
Inspection
at any time
26. — (1) Notwithstanding that a certificate of inspection
or a certificate of approval is in force, the chief inspector
may order a further inspection of a boiler, pressure vessel or
plant at any time, or an inspector may make a further in-
spection at any time, and the owner shall pay the fee and
expenses prescribed therefor.
Issue of
new
certificate
(2) Where an additional inspection is made under sub-
section (1), the inspector shall report thereon to the chief
inspector who, if satisfied that the boiler, pressure vessel or
plant may be operated or used safely, may issue a certificate
of inspection for it. R.S.O. 1970, c. 47, s. 26.
Duties of
owner
27. Every owner of a boiler, pressure vessel or plant
shall ensure that the boiler, pressure vessel or plant is main-
tained in a safe working condition and operated safely. 1972,
c. 31,s. 3.
Insured
boilers,
etc.
28. — (1) Where a boiler or pressure vessel has been insured,
every annual or periodic inspection shall be carried out by
or through the insurer, and the insurer, if satisfied that the
boiler or pressure vessel may be operated or used safely,
shall issue a certificate of inspection therefor.
Exemption
from
inspection
by
Inspector
(2) Where a boiler or pressure vessel is insured, it is
exempt from annual or periodic inspection by inspectors
appointed under this Act so long as the insurance is in force,
unless the chief inspector requires the boiler or pressure
vessel to be inspected by an inspector, in which case the fees
and expenses referred to in section 23 shall be paid by the
owner.
Sec. 29 (5) BOILERS AND PRESSURE VESSELS Chap. 46 339
(3) Every insurer shall file with the chief inspector, within inspection
twenty-one days after an inspection has been made, a copyfnsured
of the report of the inspection over the signature of the per-
son making the inspection.
(4) Every insurer shall forthwith notify the chief inspector cancellation
in writing of the cancellation or rejection of insurance on a of insurance
boiler or pressure vessel, together with the reasons therefor.
(5) Where an insurer has cancelled insurance on a boiler or cancellation
pressure vessel because he considers it unsafe for operation certificate
or use, he shall cancel its certificate of inspection, take posses- f/suef by"°°
sion of the certificate and forthwith notify the chief inspector ^^^^^^^
in person or by telegram or telephone of the circumstances
of the cancellation. R.S.O. 1970, c. 47, s. 28.
29. — (1) The Minister may permit the chief inspector to Employment
, , . f . •' ^ f , ■ /- , °f Insurer,
employ the services of an insurer or of any person qualified etc.,
to engage in the business of inspection of boilers and pressure inspection
vessels in Ontario to make any inspection required under
this Act and to report thereon within fourteen days after
the completion of the inspection.
(2) Where a boiler or pressure vessel is to be fabricated ^^^^jj^|.^°
outside Ontario in any province of Canada for use in Ontario, etc^ ^ ^
the chief inspector may arrange with the person in charge in other
of the inspection of boilers and pressure vessels for the^"^"
province in which it is to be fabricated to carry out inspections
during its fabrication and may accept the inspection reports
submitted to him by such person for the purposes of this
Act.
(3) Where a boiler or pressure vessel is to be fabricated J,^^^^^|.^°
in the United States of America for use in Ontario, the chief etc
laDrtcatea
inspector may arrange for the inspection of it during fabrica- in u.s.a.
tion by an inspector holding a commission issued by the
National Board of Boiler and Pressure Vessel Inspectors and
may accept the inspection reports of such inspector for the
purposes of this Act.
(4) Where a boiler or pressure vessel is to be fabricated J?^^^^J.^°
outside Canada and the United States of America for use in ^^^^^^^
Ontario, the chief inspector may arrange for the inspection elsewhere
of it during fabrication through any agency engaged in boiler
or pressure vessel inspection and may accept the inspection
reports of the agency for the purposes of this Act.
(5) Where a boiler or pressure vessel is inspected under ^^^[^^^"^^^^^^
subsection (1), (2), (3) or (4), a certificate of inspection therefor may
be issued by the chief inspector. R.S.O. 1970, c. 47, s. 29.
340
Chap. 46
BOILERS AND PRESSURE VESSELS
Sec. 30
Used
boilers, etc.,
Boilers, etc.,
previously
used
outside
Ontario
30. Every used boiler, pressure vessel or plant shall be
inspected and tested by an inspector before it is put into
operation or use, and he shall report thereon to the chief
inspector, and, if the chief inspector is satisfied that it may
be operated or used safely, he may issue a certificate of in-
spection. R.S.O. 1970, c. 47. s. 30.
31. — (1) No person shall install or permit to be installed a
boiler, pressure vessel or plant previously used outside Ontario
unless the consent of the chief inspector has been obtained
for such installation.
Idem,
operation
or use
(2) No person shall operate or use, or permit to be operated
or used, a boiler, pressure vessel or plant previously used
outside Ontario unless the chief inspector has issued a certifica-
cate of inspection therefor. R.S.O. 1970, c. 47, s. 31.
Repairs to
boilers, etc.,
found
unsafe
32. Where a boiler, pressure vessel or plant is found to
be in an unsafe condition, no person shall make any major
repairs thereto until he has notified an inspector of the nature
and extent of such repairs and an inspector has approved
thereof, and the boiler, pressure vessel or plant shall not be
put into operation or use until a further inspection by an in-
spector has been made and the chief inspector has issued a
new certificate of inspection therefor. R.S.O. 1970, c. 47,
s. 32.
Defects In
boilers, etc.,
to be
pointed
out to
Inspector
33. When a boiler, pressure vessel or plant is being in-
spected, the owner or other person responsible for it or in
immediate charge of it shall point out to the inspector any
defect of which he has knowledge or that he believes to exist
in it, and, if at any other time he learns of any defect that
might render it unsafe to operate or use, he shall forthwith
notify the chief inspector in person or by telegram or telephone
of the circumstances. R.S.O. 1970, c. 47, s. 33.
boi^ers^et^c! 34. — (1) Where an inspector has inspected a boiler, pressure
vessel or plant and has satisfied himself that it can no longer
be operated or used safely, he shall condemn it and notify
the chief inspector that he has condemned it and shall seal
it with a seal or label indicating that it is condemned and
shall take possession of its certificate of inspection.
Prohibition
re operation
of
condemned
boilers, etc.,
(2) No person shall operate or use, or permit to be operated
or used, a boiler, pressure vessel or plant that has been con-
demned unless he has had it repaired as required by the
chief inspector and a further inspection has been made by
an inspector and the chief inspector has issued a new certificate
of inspection therefor.
Sec. 36 (10) (a) boilers and pressure vessels Chap. 46 341
(3) No boiler, pressure vessel or plant that has been con- Prohibition
demned shall be moved to another location for operation or use removal
without the consent of the chief inspector. R.S.O 1970 ^°^^^
0. 47. s. 34.
35. The owner of a boiler, pressure vessel or plant, upon Notice of
permanently removing it from operation or use, shall forth- from
with notify, in the prescribed form, the chief inspector Qf°'^®''*"°°
such removal. R.S.O. 1970, c. 47, s. 35.
36. — (1) The procedures to be followed in welding shall -Approval of
be approved by the chief inspector. Fn^eiding*
(2) Every welding operator shall pass such quaUfication ^"^^^^cation
tests as the chief inspector may require.
(3) No welding operator shall weld except under an approved be done
procedure. approved
procedure
(4) The chief inspector shall issue an identification card i<^®°"fl°a"o°
to every welding operator who passes a quahfication test.
(5) Every identification card shall indicate the employer for ^^^^
whom the welding operator is qualified to weld or that he is
self-employed or that he desires to be employed and the class
or position of welding that he is qualified to do.
(6) A welding operator may be required at any time to fg^^g*^®^
pass such further qualification tests as the chief inspector
may require, at which time his identification card shall be
cancelled and, on his passing such further tests, a new
identification card shall be issued to him.
(7) Such fees as are prescribed by the regulations for the ^^^^
test of a welding operator shall be paid at the time the test is
given by the employer of the welding operator or, if he is
self-employed or desires to be employed, by himself.
(8) Every welding operator shall carry his identification i^entifi^a-
card upon his person when welding and shall produce it when ^°^gjj
requested by an inspector.
(9) When a welding operator changes his employer or is first ^®^^^
employed by an employer, he shall not commence to weld employer
for his new employer or his employer, as the case may be,
until he has passed a further qualification test and has been
issued a new identification card.
(10) No welding operator shaU do welding, S'SSiuau"
fled person
(a) unless he is the holder of a subsisting identification ^° ''®^**
card;
342
Chap. 46 BOILERS AND PRESSURE VESSELS SeC. 36 (10) (b)
{b) in the employ of any person other than the employer
named on his identification card ; or
(c) of a class or position of welding for which he is not
qualified.
Employer
not to
permit
welding by
unqualified
person
^11) No employer shall permit a welding operator,
{a) to weld unless he is the employer named in the
welding operator's identification card ; or
{b) to do a class of welding or to weld in a position for
which the welding operator is not qualified. R.S.O.
1970, c. 47. s. 36.
ofaccfdents 37.— (1) Where an explosion or rupture of a boiler, pressure
vessel or plant occurs, or where an accident arises out of its
operation or use that causes injury or death to a person, or
property damage, the owner or person in charge shall forth-
with notify the chief inspector in person or by telegram or
telephone giving him full details of the accident and shall
within forty-eight hours after the explosion or rupture occurs
send him a written report of the circumstances of the occurence.
Investigation (2) The chief inspector or any inspector under his instruc-
tion shall investigate any explosion, rupture or accident so
reported, or of which he becomes aware, to determine its
cause. R.S.O. 1970, c. 47, s. 37.
After
explosion or
rupture,
parts not
to be
removed,
etc.
38. Where an explosion or rupture of a boiler, pressure
vessel or plant occurs, no person shall, except for the purpose
of saving life or relieving human suffering, interfere with,
disturb, destroy, carry away or alter any wreckage, article or
thing at the scene of or connected with the occurrence until
permission so to do is given by an inspector. R.S.O. 1970,
c. 47, s. 38.
Appeal from
action of
inspector
39. — (1) Any person who is dissatisfied with an inspection
or action taken by an inspector may within thirty days
thereof appeal to the Minister, who may thereupon cause
another inspection to be made by one or more inspectors who
shall report to him, and the decision of the Minister is final.
Expenses
of appeal
(2) Any expenses occasioned by the appeal and second
inspection as determined by the Minister shall be paid by the
appellant. R.S.O. 1970, c. 47, s. 39.
ro^be^°**^^°°^ '*^* Subject to this Act and the regulations, the publica-
referred tions of the Canadian Standards Association, of the American
inspectors Standards Association and of the American Society of Mechani-
Sec. 42 (//) BOILERS AND PRESSURE VESSELS Chap. 46 343
cal Engineers, as amended from time to time, shall be deemed
to contain the rules that shall be referred to by the chief in-
spector and the inspectors in carrying out their duties under
this Act in reference to the approval of designs, the fabrica-
tion, installation, inspection, testing, operation, and use of
boilers, pressure vessels and plants. R.S.O. 1970, c. 47, s. 40.
4 1 . Every person who contravenes any of the provisions offences
of this Act or the regulations, or any direction or order given to
him by an inspector, is guilty of an offence and on conviction is
liable to a fine of not more than $1,000 or to a term of imprison-
ment of not more than twelve months, or to both fine and impris-
onment. R.S.O. 1970, c. 47, s. 41.
42. The Lieutenant Governor in Council may make Regulations
regulations,
(a) prescribing the qualifications of persons who may be
issued certificates of competency ;
{b) providing for the issue and renewal of certificates of
competency and for the expiration, suspension and
cancellation thereof ;
(c) providing for periodic inspections of any class of
boilers or pressure vessels ;
{d) requiring the payment of fees for any official function
under this Act and prescribing the amounts thereof;
{e) providing for the payment by the fabricator or owner
of a boiler or pressure vessel or the installer or owner
of a plant of any or all of the expenses incurred by
an inspector in making an inspection of it ;
(/) governing the design, fabrication, installation, opera-
tion, use, repair, maintenance and inspection of boilers,
pressure vessels and plants or any class thereof;
{g) prescribing the manner in which the design of a boiler,
pressure vessel, plant, fitting or pipe shall be registered
and numbered, and the manner in which it shall be
marked or identified ;
(h) prescribing the drawings and specifications that shall
accompany an application for approval and registra-
tion of the design of a boiler, pressure vessel, plant,
fitting, or pipe and the information to be included
therein ;
344 Chap. 46 boilers and pressure vessels Sec. 42 (i)
{i) prescribing the terms and conditions upon which an
approved and registered design may be revised;
(J) prescribing the manner by which the capacity of a
boiler, pressure vessel or plant may be determined;
(k) requiring the fabricator or his agent or officer in
charge of fabrication to make a report in respect of
the fabrication of a boiler or pressure vessel, and
prescribing the information that shall be contained
in the report and the manner in which it shall be
verified ;
(/) requiring the installer or his agent or officer in
charge of the installation of a plant to make a report
in respect of the installation of the plant, and pre-
scribing the information that shall be contained in
the report and the manner in which it shall be verified ;
(m) prescribing the plans, drawings and information to
be given in respect of the repair of a boiler, pressure
vessel or plant ;
(«) prescribing the conditions under which a boiler,
pressure vessel or plant may be mounted on a vehicle ;
(o) requiring every inspector and insurer to stamp or
otherwise permanently identify, by a departmental
number designated by the chief inspector, every
boiler, pressure vessel or plant inspected by him that
does not then have such a departmental number,
and establishing such a system of identification and
providing for and fixing the amount of the remunera-
tion that shall be paid to insurers for so doing;
{p) providing for the assigning of identifying symbols to
welding operators, and requiring and providing for the
imprinting of the symbol by the welding operator on
welds made by him ;
{q) classifying refrigerants and governing the conditions
under which they may be used ;
(r) prescribing forms and providing for their use ;
(s) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 47, s. 42.
Sec. 3 (3) ib) BOUNDARIES Chap. 47 345
CHAPTER 47
Boundaries Act
1 . In this Act, interpre-
tation
(a) "Director" means the Director of Titles appointed under
the Land Titles Act; R so. i98o,
c. 230
(b) "monument" means any device or object used to mark or
witness a boundary;
(c) "parcel" means an area of land described in an instru-
ment by which the title to an interest in land is or was
established or an area of land shown on a plan and
includes a public highway or any part thereof;
(d) "prescribed" means prescribed by the regulations made
under this Act;
(e) "surveyor" means an Ontario land surveyor authorized
to practise under the Surveyors Act. 1980, c. 51, s. 1. ^ ^^^ ^^^'
2. The Minister of Consumer and Commercial Relations is Af'm«"is-
responsible for the administration of this Act. 1980, c. 5 1 , s. 2 .
3. — (1) Where doubt exists as to the true location on the AppikaUon
ground of any boundary of a parcel, an application, in the pre- confirmation,
scribed form, may be made to the Director to confirm the true ?^ , .
' -' bounrianes
location of the boundary on the ground.
(2) The Minister of Transportation and Communications, the Py^ic
council of a municipality or an authority having jurisdiction over a
public highway may apply to the Director, in the prescribed form,
to confirm the true location of the boundaries on the ground of a
public highway under its jurisdiction.
(3) An application to the Director under subsection (1) may who may
V / ff apply
be made by,
(a) the owner of an interest in the parcel;
{b) the council of the municipality in which the parcel is
situate;
346
Contents
of
application
Further
materials
Chap. 47 BOUNDARIES Sec. 3 (3) (c)
(c) a Minister of the Crown;
id) the Surveyor General of Ontario;
(e) the Surveyor General of Canada; or
(/) with the consent of the owner of an interest in the parcel,
a surveyor. 1980, c. 51, s. 3.
4. — (1) An application under section 3 shall be accompanied
by,
(a) a copy of an up-to-date plan of survey, signed by a
surveyor indicating the location on the ground of the
boundary or boundaries to be confirmed;
(b) a copy of the field notes of the survey; and
(c) such other information or material as is prescribed.
(2) The Director may at any time require an applicant to fur-
nish such additional or other information or material as he
specifies. 1980, c. 51, s. 4.
Where
Director
ma\'
initiate
proceedings
Costs
R.S.O. 1980,
c. 230
Costs of
municipalit)
5. — (1) The Director, of his own initiative, may initiate pro-
ceedings under this Act and may engage a surveyor to make a
survey and plan of the parcel or any boundary thereof.
(2) Where the Director initiates proceedings under subsection
(1), the costs of and incidental to the proceedings may, on an
application to the Director of Land Registration, be paid out of
The Land Titles Survey Fund referred to in subsection 59 (1)
of the Land Titles Act, and subsections 59 (3) to (5) of that Act
apply to an application under this subsection. 1980, c. 5 1, s. 5.
6 . Where an application under this Act has been made by or on
behalf of the council of a municipality, the costs of and incidental
to the application shall be borne by the municipality and, except
where the purpose of the application is to confirm the location of
the boundaries of a public highway, the costs may be recovered by
the levy of a special rate of assessment on all parcels included in
the application. 1980, c. 51, s. 6.
Xotice of
application
7. The Director shall cause a notice of an application under
this Act to be given in such manner and to such persons as he
considers proper in the circumstances and the notice shall set out
the purpose of the application and the time fixed for delivering
objections to the Director and, where a copy of the plan is not
included with the notice, the notice shall state the place where a
copy of the plan may be inspected. 1980, c. 51, s. 7.
Sec. 10 BOUNDARIES Chap. 47 347
8. — (1) Any person desiring to object to the location of the Objection
boundary or boundaries to be confirmed, as shown on the plan of
survey, shall deliver to the Director, by registered mail or by
personal service within the time fixed by the notice of application,
a written statement setting forth the nature and grounds of the
objection.
(2) Where a written statement of objection is received, the Hearing
Director shall afford an opportunity for a hearing to determine the
validity of the objection.
(3) Where the time specified in the notice of application has Confirmation
expired and no objection has been received, the Director, if he is heanTg
satisfied by the application and the material filed in support
thereof, may, without convening a hearing, confirm and, when
the surveyor has complied with section 14, certify the location of
the boundary or boundaries as shown on the plan of survey.
(4) Where the Director is not satisfied by the application and Hearing
the material filed in support thereof, he may convene a hearing Director is
and require any person he considers necessary to appear at the ""' satisfied
, J ff 5^. application
hearmg to give evidence.
(5) The applicant, any person who delivers a statement of Parties
objection under subsection (1) and such other persons as the
Director may specify, are parties to the proceedings for the con-
firmation of the boundary or boundaries.
(6) The Director shall cause a notice of hearing under this ^ioiKt of
section to be given, in a manner prescribed by the regulations, to
the parties and to such other persons as he may specify, setting
forth the time, place and purpose of the hearing. 1980, c. 51,
s. 8.
9. — (1) Upon the hearing convened under section 8, the Hewing and
,. ..... , , confirmation
Director may dispose of any objection in such manner as he
considers just and equitable under the circumstances and may, by
order, confirm the location of the boundary or boundaries as
shown on the plan of survey, or, if he thinks proper to do so, may
order that the survey and plan be amended in such manner as he
may direct, in which case he may confirm the location of the
boundary or boundaries as shown on the plan as so amended.
(2) The oral evidence taken before the Director at a hearing ^^.^^^'^l^^ °^
shall be recorded and, at the request of a party to the hearing, a
copy of the recording shall be furnished to the party upon payment
of the prescribed fee. 1980, c. 51, s. 9.
10. The Director may order the removal of any monument '^'"""'^ents
that conflicts with any boundary confirmed under this
Act. 1980, c. 51, s. 10.
348
Chap. 47
BOUNDARIES
Sec. 11 (1)
Costs
1 1. — (1) An applicant under this Act is \iab\e prima facie to
pay all costs, charges and expenses of and incidental to the appli-
cation.
Idem
Appeal from
IJirector's
decision to
Divisional
Court
Power
of court
(2) Upon the hearing convened under section 8, the Director
may order costs to be paid by or to any person who is a party to a
proceeding under this Act. Jr980, c. Si, s. 11.
12. — (1) Any party aggrieved by an order of the Director
made under subsection 9 (1) or under section 1 1 may appeal to the
Divisional Court.
(2) The Divisional Court, on an appeal from an order of the
Director, may,
(a) where the appeal is from an order under subsection 9(1),
decide the matter on the evidence before it or direct the
trial of an issue or may dismiss the appeal or order that
the survey and plan be amended and confirm the loca-
tion of the boundary or boundaries as shown on the
amended plan; and
(b) where the appeal is from an order as to costs under
section 11, annul or, with or without modification, con-
firm the order.
Notice of
appeal
Certificate
of
confirmation
Effect of
confirmation
(3) Notice of an appeal under this section shall be filed by the
appellant with the court and a copy of the notice shall be served
upon the Director and the other parties to the proceedings before
the Director within thirty days after the date of mailing of the
order of the Director to the party appealing. 1980, c. 51, s. 12.
13. — (1) When the period of thirty days mentioned in subsec-
tion 12 (3) has elapsed and no appeal has been taken or after an
appeal, if taken, has been disposed of and the surveyor has com-
plied with section 14, the Director shall certify the confirmation of
the location of the boundary or boundaries as shown on the plan of
survey as confirmed by the Director or the court, as the case may
be.
(2) When any boundary has been certified under subsection 8
(3) or under subsection (1) of this section, the certificate is conclu-
sive that the application and every notice, proceeding and act that
ought to have been made, given or done has been made, given or
done in accordance with this Act. 1980, c. 51, s. 13.
Deposit of
plan and
field notes
R.S.O. 1980,
c. 493
14. Notwithstanding the Surveys Act, when the boundary or
boundaries shown on the plan have been confirmed and no appeal
has been taken or after an appeal, if taken, has been disposed of,
the surveyor shall deposit the plan and original field notes of the
survey with the Director. 1980, c. 51, s. 14.
Sec. 21 (a) boundaries Chap. 47 349
15. — (1) The boundaries confirmed and certified by the ^^^^^ °^
Director and defined by the monuments shown on the plan under
this Act shall, notwithstanding any other Act, be deemed to be the
true boundaries of the parcel.
(2) Nothing in this Act affects the establishment or re-estab- ^'»^'"»
lishment of Hnes under the Surveys Act, other than the bound- ^S-O- i980,
aries confirmed and certified under this Act. 1980, c. 5 1 , s. IS .
16. — (1) When a boundary as shown on a plan of survey has Registration
been confirmed and certified under this Act, the Director shall
cause the plan or a copy thereof to be registered in the proper land
registry office.
(2) Upon receipt of the plan or a copy for registration, the land ^•^^'^
registrar shall register it and shall record it in the title register or
abstract index for each parcel that adjoins a boundary that has
been confirmed.
(3) A plan registered under this section supersedes all corres- Effect of
ponding portions of all former registered plans and descriptions.
1980, c. 51, s. 16.
17. A plan certified under this Act may be registered under Right to
the Land Titles Act or the Registry Act, as the case may be, rs^o^iqso
without any appoval under the P/awnmg .4 ci. 1980, c. 51, s. 17. cc. 230, 44S,'
18. — (1) Upon the filing of evidence satisfactory to the Direc- Corrections
, .,..,. . , 1 of errors and
tor and upon either givmg such notice to interested persons as he omissions
considers appropriate, or ex parte, he may order the correction of
any inconsistency, error or omission in a plan that has been
certified and registered under this Act or a predecessor thereof.
(2) No corre6tion pursuant to this section shall affect the loca- Proviso
tion of a boundary confirmed and certified under this Act or a
predecessor thereof. 1980, c. 51, s. 18.
1 9 . Where in the opinion of the Director the fees payable on an Re<iuction
1 . . 1 1 • A • 1 • 1 of fees
application under this Act are unduly excessive, having regard to
all the circumstances, the Director may reduce the fees to such
amount as he considers appropriate. 1980, c. 51, s. 19.
20. This Act binds the Crown. 1980, c. 51, s. 20. Application
' ' to Crown
2 1 . The Lieutenant Governor in Council may make regula- Regulations
tions,
(a) governing standards and procedures for surveys and
plans made for the purposes of this Act;
350 Chap. 47 BOUNDARIES Sec. 21 (b)
{b) prescribing the manner of making an application for
confirmation of the location of boundaries and the ma-
terial to be submitted with the application;
(c) requiring any information in connection with any appli-
cation, evidence or procedure to be verified by affidavit
or declaration;
(d) requiring the payment of fees and prescribing the
amounts thereof;
(e) prescribing one or more methods by which notice of a
hearing under this Act may be given;
if) prescribing forms and providing for their use;
(g) prescribing the manner of making an objection to the
location of the boundary or boundaries as shown on the
plan of survey and the material to be submitted with the
objection;
{h ) prescribing administrative procedures for the purposes
of this Act;
{i ) governing the manner of recording oral evidence and the
manner of providing copies thereof;
ij) prescribing the procedures to be followed by land regis-
trars with respect to matters under this Act;
{k) respecting costs and the taxation thereof; and
(/) governing the correction of plans under section 18.
1980, c. 51, s. 21.
Jransition 22. — (1) Notwithstanding section 23, where, prior to the 29th
day of December, 1980, notice of an application has been given
pursuant to subsection 9 (1) of The Boundaries Act, being chapter
48 of the Revised Statutes of Ontario, 1970, the application shall
be continued as if that Act had not been repealed.
Mem (2) Where, prior to the 29th day of December, 1980, the Direc-
tor received an application under section 4 of The Boundaries Act ,
being chapter 48 of the Revised Statutes of Ontario, 1970, but no
notice of the application has been given under subsection 9 (1) of
that Act, the application shall be taken up and continued in
conformity with this Act. 1980, c. 51, s. 22.
Sec. 4 (3) (a) bread sales Chap. 48 35 1
CHAPTER 48
Bread Sales Act
1. In this Act, Interpre-
tatlon
(fl) "bake shop" means a building, premises, workshop,
room or place in which bread is made for sale or sold;
{b) "inspector" means an inspector appointed by a muni-
cipal council under this Act or a member of the
Ontario Provincial Police Force. R.S.O. 1970, c. 49,
s. 1.
2, The council of every city, town and village shall, and^PPo^^^*^
the council of every township may, appoint an inspector for inspector
the purpose of enforcing this Act. R.S.O. 1970, c. 49, s. 2.
3. — (1) Every person conducting a bake shop shall do so^ake shops
only under a licence to be issued by the municipality, and licensed
under regulations and conditions prescribed by by-law of the
municipality, and no licence shall be issued until the medical
officer of health gives a certificate that all regulations and
conditions have been fully complied with.
(2) Any licence issued under this Act may be revoked byK«^oca*^io°
the council of the municipality.
(3) The fee for the licence shall not exceed $1. R.S.O. 1970, ^^
c. 49, s. 3.
4. — (1) Except as provided in subsection (2), no person shall weight
1 L 1 r 1 11 rr r i i i • i ofbread
make bread for sale or sell or offer for sale bread except m loaves
weighing 16, 24 or 48 ounces avoirdupois. RS.O. 1970, c. 49,
s. 4(1).
(2) Small-bread may be made for sale, offered for sale and smaii-bread
sold in any weight not exceeding 12 ounces avoirdupois. R.S.O.
1970, c. 49, s. 4 (2).
(3) On a day to be named by proclamation of the Lieutenant Amendments
r^ to subss. (1),
Governor, (2)
(a) subsection (1) is amended by striking out "16, 24 or 48
ounces avoirdupois" in the third line and inserting in Ueu
thereof "450, 570, 675 or 900 grams"; and
352
Chap. 48
BREAD SALES
Sec. 4 (3) (b)
Scales and
weights in
bake shop
Offences
(b) subsection (2) is amended by striking out "12 ounces
avoirdupois" in the second line and inserting in lieu
thereof "340 grams".
6. Every person making bread for sale shall keep in a
conspicuous and convenient place in the bake shop scales and
weights suitable for weighing bread, and shall weigh the bread
offered for sale by him at the request of any person desiring
to purchase the bread, and the inspector may use such scales
at any time for the purpose of weighing bread found by him in
the bake shop. R.S.O. 1970, c. 49, s. 5.
6. Every person who makes for sale or sells or offers for
sale bread in contravention of the preceding sections, or who
neglects to comply with section S, is guilty of an offence. R.S.O.
1970, c. 49, s. 6.
Offence
of using
deleterious
material
7. — (1) Every person who uses an adulterant or deleterious
material in the making of bread for sale, or who knowingly
sells or offers for sale any bread containing adulterant or
deleterious material, is guilty of an offence, and is also liable
as part of the costs of conviction to pay any expenses in-
curred in procuring an analysis of such bread.
Prima facie
evidence of
offence
(2) The keeping in any place where bread is made for sale
of any adulterant or deleterious material that may be used
in the making of bread is prima facie evidence of an offence
against subsection (1). R.S.O. 1970, c. 49, s. 7.
Offence of
interfering
with
inspector
8. Every person who refuses the inspector admittance to
his bake shop or who interferes with the inspector in the
performance of his duties is guilty of an offence. R.S.O. 1970,
c. 49, s. 8.
Inspector's
powers
9. — (1) An inspector may, at any time prior to the delivery
to a purchaser, weigh any bread made or offered for sale,
and may take away any bread and cause it to be tested for
the purpose of determining if any adulterant or deleterious
material has been used in the making thereof.
Destruction
of
adulterated
bread
(2) If the bread is found to contain any such adulterant
or deleterious material, the inspector shall destroy it.
pisposaiof (3) Where the inspector, upon weighing the bread, finds
bread that it is of less than the prescribed weight, he shall seize
and remove it and hand it over to some charitable institution.
R.S.O. 1970, c. 49, s. 9.
Duties of
Inspector
10. It is the duty of the inspector to see that this Act
is complied with, and he shall make a report quarterly to the
Sec. 13 BREAD SALES Chap. 48 353
council showing the prosecutions taken and the quantity of
bread seized or tested under this Act. R.S.O. 1970, c. 49, s. 10.
1 1 . No person is liable to the penalties prescribed by this ^^®^^
Act for making or offering for sale short -weight bread unless not to be
in the case of a manufacturer there are found at least ten ™*^^
short-weight loaves and in the case of a retailer there are
found at least five short -weight loaves at one time, but all
short -weight loaves are nevertheless liable to seizure as herein-
before provided. R.S.O. 1970, c. 49. s. 11.
12. In any prosecution under this Act, the certificate ofofl^ai^^
the analyst or assistant analyst of the Ministry of Health in as evidence
writing stating the result of any test made by him under this
Act and purporting to be signed by him is prima facie proof of
the facts therein set forth and is receivable without proof of the
signature or of the official character of the person who appears
to have signed it. R.S.O. 1970, c. 49, s. 12; 1972, c. 1, s. 1.
13. Every person guilty of an offence under this Act, on °*^®°^
conviction , is liable to a fine of not less than $ 1 0 and not more than
$100 for the first offence, and not less than $25 and not more than
$200 for any subsequent offence. R.S.O. 1970, c. 49, s. 13.
^
Sec. 3 (1) BRIDGES Chap. 49 355
CHAPTER 49
Bridges Act
1 . This Act applies to. offi*^"°"
{a) everv river or stream or part thereof where its bed is
vested in Her Majesty in right of Ontario; and
{b) everv place upon a river or stream where Her Majesty
in right of Ontario, or any board or commission
constituted under any Act of the Legislature, is a
riparian owner. R.S.O. 1970, c. 50, s. 1.
2. — (1) No bridge or other structure shall be built, placed JPPf°/jf^°^f
or constructed over or across any river or stream or part Governor in
, ,,,.,/ '^ Council
thereof, nor shall any bridge or other structure over or across
any river or stream or part thereof be rebuilt, replaced or
altered, where the cost of such building, placing, construct-
ing, rebuilding, replacing or altering will exceed S2.()00,
except with the approval of the Lieutenant Governor in
Council. R.S.O. 1970, c. 50, s. 2 (1).
(2) The Lieutenant Governor in Council may approve of o°"ppro°va1
the building, placing, constructing, rebuilding, replacing or
altering of any such bridge or other structure upon receiving,
{a) a petition praying for such approval ;
(b) proof that the plan of the proposed bridge or
alterations and a surveyor's description of the site or
proposed site have been deposited with the Minister
of Transportation and Communications and in the
proper land registrv- office; and
(c) proof that notice of such application has been pub-
lished for three successive weeks in The Ontario
Gazette and in two newspapers having a general
circulation in the locality where the site or proposed
site of the bridge is located. R.S.O. 1970, c. 50.
s. 2 (2); 1972, c. 1, s. 100(2).
3. — (1) No person shall build, place, construct, operate or ^jjfd'"*^
maintain any bridge the cost of which is in excess of $2,000, bridge
unless such person is.
356
R.S.O. 1980,
c. 95
Where
bridge
operated,
etc., con-
trary to
subs. (1)
Chap. 49 BRIDGES Sec. 3 (1) (a)
(a) a person domiciled and ordinarily resident in Ontario ;
{b) a corporation incorporated under the laws of Canada ;
(c) a corporation incorporated under the laws of Ontario ;
or
(d) a corporation licensed under Part VIII of the Corpora-
tions Act.
(2) Where a bridge is built, placed, constructed, operated
or maintained contrary to subsection (1), such bridge or so
much thereof as is in Ontario shall, subject to any direc-
tion of the Lieutenant Governor in Council, be deemed to be
the property of Her Majesty in right of Ontario. R.S.O.
1970, c. 50, s. 3.
Regulations 4^ fhe Lieutenant Governor in Council may make regu-
lations regarding the building, placing, constructing, rebuild-
ing, replacing, alteration, operation, maintenance and control
of bridges and other structures over or across any river, stream
or part thereof including the exemption of any commission
constituted under any Act of the Legislature or any rail-
way company from any of the provisions of this Act.
R.S.O. 1970, c. 50, s. 4.
Sec. 3 (1) BRUCELLOSIS Chap. SO 357
CHAPTER SO
Brucellosis Act
1. In this Act, interpre-
tation
(a) "brucellosis" means the infectious disease of cattle
caused by the organism brucella abortus ;
(b) "calf" means a head of cattle under the age of one
year;
(c) "Director" means the Director of the Veterinary
Services Branch of the Ministry of Agriculture
and Food ;
(d) "inspector" means an inspector appointed under this
Act;
{e) "Minister" means the Minister of Agriculture and
Food ;
(/) "owner" means a person owning or keeping one or
more head of cattle, and includes a person in charge
of premises where cattle are kept ;
ig) "regulations" means the regulations made under
this Act ;
(h) "vaccinate" means vaccinate against brucellosis with
vaccine in accordance with the regulations, and
"vaccination" has a corresponding meaning;
[i) "veterinarian" means a veterinarian appointed under
this Act. R.S.O. 1970, c. 51, s. 1; 1972, c. 1, s. 1.
2. For the purposes of this Act, the Lieutenant Governor ^^^p®*'*^"
in Council may appoint a chief inspector and one or more
inspectors. R.S.O. 1970, c. 51, s. 2.
3. — (1) For the purposes of this Act, the Minister may^PP^'^t-
appoint any veterinarian registered under the Veterinarians veterinarians
Act who makes application for appointment in the form R so. i980,
prescribed in the regulations.
358
Chap. 50
BRUCELLOSIS
Sec. 3 (2)
wfth^'"^'^*^ (2) Where the Minister appoints a veterinarian, he shall
veterinarians make an agreement with the veterinarian in the form
prescribed in the regulations.
veterinar- (3) With the approval of the Director, a veterinarian
assistants may engage one or more persons to assist him in carrying
out his duties under this Act, but the veterinarian is
responsible for all acts of his assistants in carrying out such
duties. R.S.O. 1970, c. 51, s. 3.
Ts'^to**'*'^"" 4. No person, other than a veterinarian or an assistant
vaccination engaged by him, shall vaccinate a head of cattle. R.S.O.
1970, c. 51, s. 4.
Age limits 5. No person shall vaccinate or cause to be vaccinated a
vaccination head of Cattle, exccpt a calf that is within the age limits for
vaccination prescribed in the regulations. R.S.O. 1970, c. 51,
s.5.
Prescribed g, No veterinarian shall use or supply to any person for
to be used use in any vaccination any vaccine other than a vaccine
prescribed in the regulations. R.S.O. 1970, c. 51, s. 6.
Notice of 7 — (1) Every owner of a female calf that is within the
calf to be ,. \ ' , -^ . . -i i • i i •
vaccinated age limits for vaccination prescribed in the regulations may
notify a veterinarian that he has such a calf for vaccina-
tion.
Vaccination (2) Where a veterinarian receives a notice under sub-
notice section (1), he may vaccinate the calf on such terms and con-
ditions as may be agreed upon between the veterinarian and
the owner. R.S.O. 1970, c. 51, s. 7.
Certificate g. Where a veterinarian vaccinates a calf, he shall com-
01 vaccina- .....
tion plete in triplicate a certificate of vaccination in the form
prescribed in the regulations and forthwith shall deliver or
send by mail the original copy thereof to the owner and,
within ten days after the end of the month in which the
calf was vaccinated, shall deliver or send by mail two copies
thereof to the Director. R.S.O. 1970, c. 51 , s. 8.
Right of
entry
9. — (1) For the purposes of carrying out his duties under
this Act, an inspector may at any time between sunrise and
sunset enter any premises or building other than a dwelling
house.
Certificate
of appoint-
ment
(2) The production by an inspector or a veterinarian of a
certificate of his appointment purporting to be signed by
the Minister is admissible in evidence as prima facie proof
of his appointment without further proof of the signature or
authority of the Minister. R.S.O. 1970, c. 51 , s. 9.
Sec. 12 (e) BRUCELLOSIS Chap. 50 359
10. No person shall hinder or obstruct an inspector or a-Obstruction
. ^ . , f 1 • 1 • /• • 1 1 • • , of inspector
veterinarian in the course of his duties or furnish him with orveteri-
false information, or refuse to furnish him with information. "*''^"
R.S.O. 1970, c. 51. s. 10.
1 1 . Every person who contravenes any of the provisions offences
of this Act or the regulations is guilty of an offence and on
conviction is liable, for a first offence, to a fine of not more than
$25 and, for a subsequent offence, to a fine of not more than $50 or
to imprisonment for a term of not more than ten days, or to
both. R.S.O. 1970, c. 51, s. 11.
1 2. The Lieutenant Governor in Council may make regu- Regulations
lations,
(a) prescribing the vaccine and the method to be used
in vaccinating a calf ;
(b) prescribing the age limits for vaccination of a calf;
(c) providing for a means of identification of a calf
vaccinated under this Act, prescribing the manner in
which such means of identification may be used, and
governing the removal of such means of identifica-
tion from a head of cattle ;
(d) prescribing forms and providing for their use ;
(e) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this
Act. R.S.O. 1970, c. 51, s. 12.
Sec. 1 (/t) BUILDING CODE Chap. 51 361
CHAPTER 51
Building Code Act
1. — (1) In this Act, Interpre-
' ' tation
(a) "architect" means a member or licensee of the
Ontario Association of Architects under the Archi- R so. i980,
tects Act;
(b) "building" means a structure occupying an area greater
than 100 square feet consisting of a wall, roof and
floor, or any one or more of them, or a structural system
serving the function thereof, including all the works,
fixtures and service systems appurtenant thereto, and
includes such other structures as are designated in the
regulations, but does not include a structure used
directly in the extraction of ore from a mine;
(c) "building code" means the regulations made under
section 19;
{d) "chief official" means the chief building official
appointed or constituted under section 3 or 4
and having jurisdiction for the enforcement of
this Act ;
{e) "construct" means to do anything in the erection,
installation or extension or material alteration
or repair of a building and includes the installa-
tion of a building unit fabricated or moved from else-
where, and "construction" hcis a corresponding
meaning ;
(/) "demolition" means the doing of anything in the
removal of a building or any material part thereof ;
(g) "Director" means the person appointed as Director
under section 2 ;
(A) "inspector" means an inspector appointed under sec-
tion 3 or 4 and having jurisdiction for the enforce-
ment of this Act;
362 Chap. 51 building code Sec. 1 (i)
{i) "Minister" means the Minister of Consumer and
Commercial Relations ;
{j) "municipality" means a city, town, village, town-
ship or improvement district or any other munici-
pality having the power to make by-laws under
R.s.o. 1980, section 46 of the Planning Act;
(k) "professional engineer" means a member or licensee
of the Association of Professional Engineers of
R.s.o. 1980, the Province of Ontario under the Professional
c 394 .
Engineers Act;
(/) "regulations" means the regulations made under
this Act ;
(w) "unsafe" when used in respect of a building means,
(i) structurally inadequate or faulty for the
purposes for which it is used, or
(ii) in a condition that could be hazardous to persons
in the normal use of the building. 1974, c. 74,
s. 1; 1978, c. 40, s. 1.
Amendment (2) On a day to be named by proclamation of the Lieutenant
Governor, clause (1) (b) is amended by striking out "100 square
feet" in the second line and inserting in lieu thereof "ten square
metres". 1978, c. 87, s. 12.
Administra- 2. — (1) The Minister is responsible for the administra-
tion of this Act.
Building Code (2) There shall be a Director of the Building Code Branch
Branch who shall be appointed by the Lieutenant Governor in
Council. 1974, c. 74, s. 2.
Enforcement 3, — (1) The council of cach municipality is responsible
municipality for the enforcement of this Act in the municipality.
buifding (^) ^he council of each municipality shall appoint a
official and chief building official and such inspectors as are necessary
for the purposes of the enforcement of this Act in the areas
in which the municipality has jurisdiction.
inspectors
Agreements (3) The councils of two or more municipalities may enter
enforcement into an agreement,
{a) providing for the joint enforcement of this Act
within their respective municipalities ;
{b) providing for the sharing of costs incurred in the
enforcement of this Act within their respective
municipalities ; and
Sec. 4 (4) BUILDING CODE Chap. 51 363
(c) providing for the appointment of a chief building
official and inspectors,
and, while the agreement is in effect, the municipalities
have joint jurisdiction in the area comprising the munici-
palities.
enforcement
(4) The council of a county and one or more local muni- ^°f^°^y
cipalities in the county may enter into an agreement for the
enforcement by the county of this Act in such local munici-
palities and for charging such municipalities the whole or
part of the cost thereof, and while the agreement is in
effect the county may appoint a chief building official
and such inspectors as are considered necessary and has
jurisdiction for the enforcement of this Act in the munici-
palities that are parties to the agreement.
(5) The clerk of the municipality or county shall issue certificates
a certificate of appointment bearing his signature or a appointment
facsimile thereof to the chief official and each inspector
appointed by the municipality or county who shall pro-
duce the certificate upon request in the performance of
his duties.
(6) The council of a municipality and the Crown in ^fT^rovfncfai
right of Ontario represented by the Minister may enter into enforcement
an agreement providing for the enforcement of this Act in the
municipality by Ontario subject to such payment in respect
of the cost thereof as is provided for in the agreement, and,
while the agreement is in effect, Ontario has jurisdiction for
the enforcement of this Act in the municipality. 1974, c. 74,
s. 3.
4. — (1) Ontario is responsible for the enforcement of this b°ontario°*
Act in territory without municipal organization.
(2) Such inspectors as are considered necessary for the A^i^^^^e^t
enforcement of this Act in the parts of Ontario in which
Ontario has jurisdiction therefor shall be appointed under
the Public Service Act. ^^^^ '^*"-
C. 41»
(3) The Director shall be deemed to be the chief build- Director, chief
ing official for the parts of Ontario in which Ontario has o®^*.^ ^°^
jurisdiction for the enforcement of this Act.
(4) The Deputy Minister of Consumer and Commercial certificates
Relations shall issue a certificate of appointment bearing appointment
his signature or a facsimile thereof to the Director and each
inspector appointed under subsection (2) who shall produce
the certificate upon request in the performance of his
duties.
364
Chap. 51
BUILDING CODE
Sec. 4 (S)
Agreemen^ts (5) The council of a municipality adjacent to territory
mentby without municipal organization and the Crown in right of
mun c pa y Qj^^g^j-JQ represented by the Minister may enter into an
agreement providing for the enforcement of this Act by
the municipality in such part of the territory without muni-
cipal organization and subject to such payment in respect of
the cost thereof as is provided in the agreement and, while
the agreement is in effect, the municipality has jurisdiction
for the enforcement of this Act in the area designated in
the agreement. 1974, c. 74, s. 4.
Building
permits
By-laws and
regulations
for building
permits
5. — (1) No person shall construct or demolish or cause to
be constructed or demolished a building in a municipaUty
unless a permit has been issued therefor by the chief official.
1978, c. 40, s. 2 (1).
(2) The council of a municipality may pass by-laws
and the Lieutenant Governor in Council may make regula-
tions applicable in the area in which the municipality or
Ontario, respectively, has jurisdiction for the enforcement
of this Act,
{a) prescribing classes of permits for the purposes of
subsection (1), including permits in respect of any
stage of construction or demolition;
(b) providing for applications for permits and requiring
the applications to be accompanied by such plans,
specifications, documents and other information
as is prescribed ;
(c) requiring the payment of fees on applications for
and issuance of permits and prescribing the amounts
thereof ;
{d) providing for the refunding of fees under such
circumstances as are prescribed;
(e) prescribing the time within which notices required
by the regulations must be given to the chief
official or an inspector ;
(/) prescribing forms respecting permits and applica-
tions for permits and providing for their use;
(g) requiring that a set of plans of buildings as con-
structed be filed with the chief official on completion
of the construction of buildings of such class or
classes as prescribed by the regulations. 1974, c. 74,
s. 5 (2); 1978, c. 40, s. 2 (2).
Sec. 6 (5) BUILDING CODE Chap. 51 365
6. — (1) The chief official shall issue a permit except issue of
where,
(a) the proposed building or the proposed construction
or demolition will not comply with this Act or the
building code or will contravene any other applicable
law ; ^^
0) the applicant is a builder as defined in the Ontario R so. iqso,
l^ew Rome Warranties Plan Act and is not registered '^
under that Act; or
(c) the application therefor is incomplete or any fees
due are unpaid. 1974, c. 74, s. 6 (1); 1978, c. 40,
s. 3 (1).
(2) Drawings, plans and specifications accompanying appli- o/ plans""
cations for permits shall be made available to the Association
of Professional Engineers of the Province of Ontario and the
Ontario Association of Architects upon request for the
purpose of determining whether the Professional Engineers R s.o. i98o,
Act or the Architects Act is being contravened. 1974, c. 74,
s. 6 (2).
(3) No person shall make a material change or cause a Notice of
material change to be made to a plan, specification, docu-
ment or other information on the basis of which a permit was
issued without notifying the chief official and filing details
of such change with him for the purpose of obtaining his
authorization. 1978, c. 40, s. 3 (2).
(4) Subject to section 15, the chief official may revoke Re^o^^^i^on
a permit,
(a) where it was issued on mistaken or false information ;
(b) where, after six months after its issuance, the
construction or demolition in respect of which it
was issued has not, in the opinion of the chief
official, been seriously commenced; or
(c) where the construction or demolition of the build-
ing is, in the opinion of the chief official, sub-
stantially suspended or discontinued for a period
of more than one year. 1974, c. 74, s. 6 (4).
(5) No person shall construct or cause to be constructed ^o^g^^^^,
a building in a municipality except in accordance with thetion
plans, specifications, documents and any other information accordance
on the basis of which a permit was issued or any changes *^ P^rmi
thereto authorized by the chief official. 1978, c. 40, s. 3 (3).
366
Chap. 51
BUILDING CODE
Sec. 7
(Conditions 7^ Except as authorized by the regulations, no person
occupation shall occupy or use or permit to be occupied or used any
building or part thereof newly erected or installed,
(a) until notice of the date of completion of the building
or part thereof is given to the chief official ;
(b) until,
(i) an inspection is made pursuant to such notice,
or
(ii) ten days have elapsed after the service of the
notice or after the date of completion, which-
ever occurs last ; and
(c) until any order made by an inspector under section 8
is complied with. 1978, c. 40, s. 4.
Inspection 8. — (1) Subject to section 11, an inspector may, for
the purpose of inspecting a building or site in respect of
which a permit is issued or an application for a permit
is made, enter in or upon any land or premises at any time
without a warrant.
Order by
inspector
Idem
(2) Where an inspector finds that any provision of
this Act or the building code is being contravened, he may
give to the person whom he believes to be the contravener
an order in writing directing compliance with such pro-
vision and may require the order to be carried out forth-
with or within such time as he specifies.
(3) Where an inspector gives an order under this section,
the order shall contain sufficient information to specify
the nature of the contravention and its location.
Affixing
copy of order
(4) Where an inspector gives an order under this section,
he may affix a copy thereof to the site of the construction
or demolition, and no person, except an inspector or the chief
official, shall remove such copy unless authorized by the
inspector or the chief official.
order^°'^^ (5) Where an order of an inspector made under this section
is not complied with within the tirne specified therein, or
where no time is specified, within a reasonable time in the
circumstances, the chief official may order that all or any
part of the construction or demolition respecting the build-
ing cease and such order shall be served on such persons
affected thereby as the chief official specifies and a copy
thereof shall be posted on the site of the construction or
demolition and no person except an inspector or the chief
Sec. 10 (3) BUILDING CODE Chap. 51 367
official shall remove such copy unless authorized by an
inspector or the chief official.
(6) Where an order to cease construction or demolition is^**®™
made under subsection (5), no person shall perform any act in
the construction or demolition of the building in respect of
which the order is made other than such work as is necessary
to carry out the order of the inspector made under sub-
section (2). 1974, c. 74, s. 8.
9. — (1) An inspector or chief official may issue an order order not
to cover
prohibitmg the covering or enclosing of any part of a building
pending inspection and where such an order is issued, an
inspection shall be made within a reasonable time after notice
is given by the person to whom the order is issued that he
is ready for the insjjection.
(2) Where a chief official has reason to believe that anv°^®^'°
^ ' -^ uncover
part of a building has not been constructed in compliance
with this Act and such part has been covered or enclosed,
contrary to an order made by an insjjector or chief official
under subsection (1), he may order any person responsible
for the construction to uncover the part at his own expense
for the purpose of an inspection.
(3) Subsections 8 (4), (5) and (6) apply to an order made under ^jPp"^"
this section. 8.8(4-6)
(4) Section 17 does not applv to a notice mentioned in^ '"''<^
1 . /.v «„-„ .« _' not applv
subsection (1). 1978, c. 40, s. 5.
10. — (1) Subject to section 11, an inspector mav enter foyers of
, , . . . ' inspectors
m or upon any land or premises at any time without a respecting
warrant for the purpose of inspecting any building to buildings
determine whether such building is unsafe.
(2) Where an inspector finds that a building is unsafe, Pg^®^^
he may serve upon the assessed owner and each person uiisafe
1 • f ., » •. ,• ■, • ■ ■ building
apparently in possession of the building an order m writing
setting out the reasons why the building is unsafe and the
remedial steps that the inspector requires to be taken to
render the building safe and may require the order to be
carried out within such time as the inspector specifies in
the order.
(3) Where an order of an inspector under subsection (2) ^°^ncy^
is not complied with within the time specified therein, or 9^^?*^^
where no time is specified, within a reasonable time in the
circumstances, the chief official may by order prohibit the
use or occupancy of the building and such order shall be
served on the assessed owner and each person apparently
in possession and such other persons affected thereby as
368
Chap. 51
BUILDING CODE
Sec. 10 (3)
Repairs
at expense
of owner
the chief official specifies and a copy thereof shall be posted
on the building, and no person except an inspector or the
chief official shall remove such copy unless authorized by an
inspector or the chief official. 1974, c. 74, s. 9 (1-3).
(4) Where the chief official has made an order under
subsection (2) and considers it necessary for the safety of the
public, he may cause the building to be renovated, repaired
or demolished for the purpose of removing the unsafe
condition or take such other action as he considers necessary
for the protection of the public and, where the building is in a
municipality, the cost of the renovation, repair, demolition
or other action may be added by the clerk to the collector's
roll and collected in Uke manner as municipal taxes. 1978,
c. 40, s. 6.
Powers of
inspector
1 1. — (1) For the purposes of an inspection under section 8
or 10, the inspector may,
(a) require the production of the drawings and specifica-
tions of a building or any part thereof, including
any drawings prescribed by the regulations, for
his inspection and may require information from any
person concerning any matter related to a building
or part thereof ;
{b) be accompanied by any person who has Special
or expert knowledge of any matter in relation
to a building or part thereof;
(c) alone or in conjunction with such other person or
persons possessing special or expert knowledge,
make such examinations, tests, inquiries, or, sub-
ject to subsections (2) and (3), take such samples or
photographs as are necessary for the purposes of the
inspection ;
{d) order any person responsible for the construction
to take and supply at his own expense such tests
and samples as are specified in the order.
Samples (2) Where an inspector takes a sample under clause (1) (c), the
inspector shall divide the sample into two parts and deliver one
part to the person from whom the sample is taken, if the person so
requests at the time the sample is taken and provides the necessary
facilities.
Idem
(3) Where an inspector takes a sample under clause (1) (c) and
has not divided the sample into two parts, a copy of any report on
the sample shall be given to the person from whom the sample was
taken.
Sec. 14 (4) BUILDING CODE Chap. 51 369
(4) An inspector shall not enter any room or place fweifings
actually being used as a dwelling without the consent of
the occupier except under the authority of a search warrant
issued under the Provincial Offences Act. 1974, c. 74, s. 10. R so. i980,
•" ' ' C. 400
12. — (1) The chief official may review and amend or Rfview by
^ ' ■' chief ofHcial
rescind an order made by an inspector under this Act.
(2) A chief official may exercise any of the powers orm^lacf^*^
perform any of the duties of an inspector under this Act. iii^pector
1974, c. 74. s. 11.
13. — (1) The Building Code Commission is continued and Building Code
shall be composed of such number of members as is determined by continued
the Lieutenant Governor in Council.
(2) The Lieutenant Governor in Council shall appoint the Appointment
1 ^^ ofmembers
members to the Commission, none of whom shall be persons
in the public service of Ontario or of a municipality, and
may designate one of the members as chairman and one
or more of the members as vice-chairmen.
(3) The members of the Commission shall receive such Remunera-
• IT- ^ *^°°
remuneration and expenses as the Lieutenant Governor
in Council may determine.
(4) Three members of the Commission constitute a quorum. Quorum
1974, c. 74, s. 12.
14. — (1) Where there is a dispute between an applicant for comm^ion
or holder of a permit or a person to whom an order is given
and the chief official or an inspector in respect of the interpre-
tation of the technical requirements of the building code
or the sufficiency of compliance with such technical require-
ments, any party to the dispute may apply to the Building
Code Commission for a hearing and determination of the
question. 1978, c. 40, s. 7.
(2) Where an application is made to the Building Code commission
Commission under subsection (1), the Commission shall appoint
a time and place for the hearing and notice thereof shall
be served upon the other parties to the dispute and the
Commission shall hold the hearing and may, by order,
determine the dispute and for such purposes may sub-
stitute its opinion for that of the inspector or chief official.
(3) The decision of the Building Code Commission under ^^^1^^°^
this section is final.
Menibers
(4) Members of the Building Code Commission holding a hearing
hearing shall not have taken part prior to the hearing in taken pan in
investiga-
tion, etc.
370
Chap. 51
BUILDING CODE
Sec. 14 (4)
Evidence
R.S.O. 1980,
c. 484
any investigation or consideration of the subject-matter
of the hearing and shall not communicate directly or in-
directly in relation to the subject-matter of the hearing
with any person or with any party or his representative
except upon notice to and opportunity for all parties to
participate, but such members may seek legal or technical
advice from an adviser independent from the parties and in
such case the nature of the advice should be made known
to the parties in order that they may make submissions.
(5) The findings of fact of the Commission pursuant to a
hearing shall be based exclusively on evidence admissible
or matters that may be noticed under sections 15 and 16 of
the Statutory Powers Procedure Act.
Only
members
at hearing
to participate
(6) Members of the Commission shall not participate in a
decision of the Commission pursuant to a hearing unless
indecisions they were present throughout the hearing and heard the
evidence and argument of the parties and, except with the
consent of the parties, no decision of the Commission shall
be given unless all mernbers so present participate in the
decision.
documentary (''') Documents and things put in evidence at the hearing
evidence shall, upon the request of the person who produced them,
be released to him by the Commission within a reasonable
time after the matter in issue has been finally determined.
1974, c. 74, s. 13 (2-7).
Hearings by 15, — (1) Any person who considers himself aggrieved by
county court ^ ^ ' . -^ ^ . . . . . . ^'^ . ..
judge an order given or decision made by an inspector or chief
official under this Act or the regulations may, within twenty
days after the order or decision is made, apply to the judge
of the county or district court for a hearing and appeal.
a^^^Hcation (^) Where an application is made under this section in
on proceeding respect of a matter in which a question is pending before
Commission the Building Code Commission, the proceeding before the
Commission is terminated.
judge^on^ (3) Where an application is made to a judge for a hearing
hearing under subsection (1), the judge shall appoint a time for and
hold the hearing and may rescind or affirm the order or
decision of the inspector or chief official or take such action
as the judge considers the inspector or chief official ought
to take in accordance with this Act and the regulations,
and for such purposes the judge may substitute his opinion
for that of the inspector or chief official.
commissio^n ('^) ^ j^^ge may refer a question respecting the interpre-
tation of the technical requirements of the building code or
the sufficiency of compliance with such technical require-
ments to the Building Code Commission for a hearing and
Sec. 18 (1) BUILDING CODE Chap. 51 371
report to the judge and the procedure on the reference
shall be the same as on an application under section 14.
(5) A judge to whom application is made for a hearing ^|foi.°°°^
under subsection (1) may extend the time for making the hearing
application either before or after expiration of the time
fixed therein, where he is satisfied that there are prima
facie grounds for granting relief to the applicant pursuant
to a hearing and that there are reasonable grounds for applying
for the extension and may give such directions as he con-
siders proper consequent upon the extension.
(6) The judge may, upon application therefor which may ^^^^^^
be made ex parte, order that the order or decision appealed
from be not stayed pending the outcome of the appeal but
shall take effect immediately where, in his opinion, such
action is necessary in the interest of public safety and
would not destroy the subject-matter of the appeal. 1974,
c. 74, s. 14.
16. — (1) Any party to the hearing before the county or Appeal to
district court judge under section 15 may appeal from the coun''"
decision of the judge to the Divisional Court in accordance with
the rules of court.
(2) The Minister is entitled to be heard, by counsel or Minister
^ ' . 'J entitled to
otherwise, upon the argument of an appeal under this section, be heard
(3) An appeal under this section may be made on ^^y^^^^^^
question that is not a question of fact alone and the court appeal
may confirm or alter the decision of the judge or direct
the inspector or chief official to do any act he is authorized
to do under this Act or may refer the matter back to the
judge for reconsideration by the judge as the court con-
siders proper and the court may substitute its opinion for
that of the inspector or chief official or the judge. 1974,
c. 74, s. 15.
1 7. Except where otherwise provided, any notice re- service
J,,.. , , , , „ ofnotlce
quired by this Act to be served may be served personally
or by registered mail addressed to the person to whom
notice is to be given or his agent for service at his latest
known address and, where notice is served by registered
mail, the service shall be deemed to have been made on
the third day after the day of mailing unless the person
to whom notice is given or his agent for service establishes
that he did not, acting in good faith, through absence,
accident, illness or other cause beyond his control receive
the notice until a later date. 1974, c. 74, s. 16.
18. — (1) The Building Materials Evaluation Commission ^"''^'^"k^
is continued and shall be composed of such number of members as Evaluation
is determined by the Lieutenant Governor in Council. fominu«l°"
372
Chap. 51
BUILDING CODE
Sec. 18 (2)
of'members^* (2) The Lieutenant Governor in Council shall appoint
the members to the Commission and may designate one of
the members as chairman and one of the members as vice-
chairman.
Remunera-
tion
Powers and
duties
Regulations
(3) The members of the Commission shall receive such
remuneration and expenses as the Lieutenant Governor in
Council may determine.
(4) The Building Materials Evaluation Commission may,
{a) examine and research or cause examination and
research into materials, techniques and building
design for construction;
(b) upon application therefor, authorize the use of any
innovative material, technique or building design
in respect of any specified building or part thereof
and the use of such material, technique or design
within the authority given and the terms and
conditions specified therein shall be deemed not to
be in contravention of the building code; and
(c) make recommendations to the Minister respecting
changes in this Act or the regulations. 1974, c. 74,
s. 17.
19. — (1) The Lieutenant Governor in Council may make
such regulations as are considered advisable or necessary
for the purpose of establishing a building code for Ontario
governing standards for the construction and demolition of
buildings, including but without limiting the generality
of the foregoing,
{a) governing the manner of construction and types
and quality of materials used therein;
{b) governing the design of buildings and the use to
which they may be put;
(c) adopting by reference, in whole or in part, with
such changes as the Lieutenant Governor in Council
considers necessary, any code or standard and
requiring compliance with any code or standard
that is so adopted ;
{d) requiring any part of the design, construction or
demolition of a building to be under the field review
of an architect or professional engineer ;
{e) designating structures for the purposes of clause 1 (b);
(f) prescribing classes of buildings for the purposes of
clause 5 (2) (g);
Sec. 20 (1) BUILDING CODE Chap. 51 373
{g) designating organizations to test prefabricated build-
ing units to the standards prescribed by the
building code and providing for the placing of the
label of such organization on such units that con-
form to the standards;
{h) requiring the approval of an inspector in respect
of any method, matter or thing;
(t) requiring the posting on buildings or sites of
construction or demolition of such documents or
information as is prescribed;
(j) requiring such documents, information, records,
drawings or specifications as are prescribed to
be kept on the site of construction or demolition;
(k) requiring notice to be given to the chief official
or an inspector respecting any matter in the course
of construction or demolition;
(/) requiring notice to be given to the chief official
resjjecting thie change in prescribed classes of
use made of a building ;
(w) requiring chief officials to transmit to the Director
such returns and reports as are prescribed;
(n) prescribing conditions under which a building or
any part of a building may be occupied;
(o) exempting any building or class thereof from
compliance with this Act and the regulations or
any provision thereof;
iP) requiring the payment of fees in respect of appli-
cations to the Building Materials Evaluation Com-
mission and prescribing the amounts thereof;
{q) prescribing procedures of the Building Code Com-
mission and the Building Materials Evaluation
Commission ;
(r) prescribing forms and providing for their use. 1974,
c. 74, s. 18 (1); 1978, c. 40. s. 8.
(2) Any regulation made inder this section may be Limitetionof
limited in its application territorially or to any class of
building, construction or demohtion. 1974, c. 74, s. 18 (2).
20. — (1) Where it appears to the Minister that there is or inquiries
may be a failure in construction or demoUtion standards
374
Chap. 51
BUILDING CODE
Sec. 20 (1)
or in the enforcement of this Act or the building code,
the Minister may designate a person to conduct an inquiry
into such failure.
Powers on
inquiry
R.S.O. 1980,
c. 411
(2) For the purposes of an inquiry under subsection (1),
the person conducting the inquiry has the powers of a
commission under Part II of the Public Inquiries Act, which Part
applies to such investigation as if it were an inquiry under that
Act. 1974, c. 74, s. 19.
Immunity
from actions
Idem
21. — (1) No action or other proceeding for damages lies
or shall be instituted against the Director or any member
of the Building Code Commission or Building Materials
Evaluation Commission or anyone acting under the authority
of the Director, Building Code Commission or Building
Materials Evaluation Commission or any person conducting
an inquiry under section 20 for any act done in good
faith in the execution or intended execution of his duty
or for any alleged neglect or default in the execution in
good faith of his duty.
(2) No action or other proceedings for damages lies or
shall be instituted against an inspector or chi^ official
for an act or omission by him in good faith in the execution
or intended execution of any power or duty under this Act
or the regulations.
Liability of (3) Subsections (1) and (2) do not relieve the Crown or a
municipality municipal Corporation of liability in respect of a tort
committed by an inspector or a chief official to which
either would otherwise be subject and the Crown or
municipal corporation is liable for any such tort as if
subsections (1) and (2) were not enacted. 1974, c. 74, s. 20.
Obstruction 22. — (1) No person shall hinder, obstruct, molest or
inspector interfere with or attempt to hinder, obstruct, molest or
interfere with a chief official or inspector in the exercise of a
power or the performance of a duty under this Act.
Assistance of (2) Evcrv pcrson shall furnish all necessary means in
inspector ^^ ' ^^ r -tx ^ j. ■ i.- • i-
his power to facilitate any entry, inspection, examination,
testing or inquiry by an inspector or chief official in the
exercise of his powers or duties under this Act.
Rejusauo (3) No person shall neglect or refuse to produce any
drawings and specifications as required by an inspector
under clauses 11 (1) (a) and (c).
False (4) No person shall furnish an inspector or chief official
etc. with false information or neglect or refuse to furnish
Sec. 24(1) (6) BUILDING CODE Chap. 51 375
information required by an inspector or chief official in the
exercise of his duties under this Act. 1974, c. 74, s. 21.
23. — (1) A chief official, inspector, person who, at the confiKia?
request of an inspector, accompanies an inspector, or person
who, at the request of an inspector, makes an examination,
test or inquiry or takes samples shall not publish, disclose or
communicate to any person any information, material,
statement or result of any test, acquired, furnished, obtained,
made or received under the powers conferred under this
Act and the regulations except for the purposes of carrying
out his duties under this Act or the regulations.
(2) No report of a chief official, inspector, person who, ^*®™
at the request of an inspector, accompanies an inspector, or
person who, at the request of an inspector, makes an
examination, test or inquiry or takes samples shall be com-
municated, disclosed or published to any person except
for the purposes of carrying out his duties under this Act
or the regulations.
(3) No chief official, inspector, f)erson who, at the request ^^j^'^^jjjj. .^^
of an inspector, accompanies an inspector or person who civu suit
makes an examination, test or inquiry or takes samples at the
request of an inspector is a compellable witness in a civil
suit or proceeding respecting any information, material,
statement or test acquired, furnished, obtained, made or
received under the powers conferred under this Act.
(4) The Director may communicate or allow to be com- ofr^ctor to
municated, disclosed or published information, material disclose
or statements or the result of a test acquired, furnished,
obtained, made or received under the powers conferred by
this Act and the regulations.
(5) No person to whom information is communicated confidential
under this section or section 11 or 20 shall divulge the name
of the informant to any person except for the purposes of
this Act. 1974, c. 74, s. 22.
24. — (1) Ever\' person who,
(a) knowingly furnishes false information in any appli-
cation under this Act or in any statement or
return required to be furnished under this Act or
the regulations;
(6) fails to comply with any order, direction or other
requirement made under this Act; or
Offences
376
Chap. 51
BUILDING CODE
Sec. 24 (1) (c)
(c) contravenes any provision of this Act or the regula-
tions or of any by-law passed under the authority
of this Act,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty
of an offence and on conviction is liable to a fine of not more than
$2 ,000 or to imprisonment for a term of not more than one year, or
to both. 1974, c. 74, s. 23 (1); 1978, c. 40, s. 9 (1).
Corporations (2) Where a corporation is convicted of an offence under
subsection (1), the maximum penalty that may be imposed
upon the corporation is $10,000 and not as provided therein.
Continuing
offence
(3) Every person who fails to comply with an order made
by a chief official under subsection 8 (5) or 10 (3) is guilty of an
offence and on conviction, in addition to the penalties mentioned
in subsections (1) and (2), is liable to a fine of not more than $100
per day for every day upon which the offence continued after such
order was given. 1974, c. 74, s. 23 (2, 3).
Limitation
period
(4) No proceeding under this section shall be commenced
more than one year after the time when the subject-matter
of the proceeding arose.
Fines
paid to
munici-
pality
R.S.O. 1980,
cc. 6, 162
(5) Where a fine is imposed under this section, the pro-
ceeds of the fine shall be paid to the treasurer of the munici-
pality within which the offence giving rise to the fine was
committed, and section 4 of the Administration of Justice
Act and section 4 of the Fines and Forfeitures Act do not
apply in respect of any such fine. 1978, c. 40, s. 9 (2).
Proof of
orfler
Proof of
matters of
record
25. — (1) In any prosecution for an offence under this Act,
a copy of a direction or order purporting to have been
made under this Act or the regulations and purporting to
have been signed by the person authorized by this Act to
make the direction or order is prima facie proof of the
direction or order without proof of the signature or authority
of the person by whom it purports to be signed.
(2) A statement as to any matter of record in an office
of the chief official purporting to, be certified by the
chief official is, without proof of the office or signature
of the chief official, receivable in evidence as prima facie
proof of the facts stated therein for all purposes in any
action, proceeding or prosecution. 1974, c. 74, s. 24.
Restraining
order
26. — (1) Where it appears to a chief official that any
person does not comply with any provision of this Act, the
Sec. 27 BUILDING CODE Chap. 51 377
regulations or an order made under this Act, notwithstanding
the imposition of any penalty in respect of such non-
compliance and in addition to any other rights he may have,
the chief official may apply to a judge of the High Court
for an order directing such person to comply with such
provision, and upon the application, the judge may make
such order or such other order as the judge thinks fit.
(2) An appeal lies to the Divisional Court from an order made Appeal
under subsection (1). 1974, c. 74, s. 25.
27. Section 46 of the Planning Act is subject to this Act Municipal
and the building code made under section 1 9 of this Act supe^rseded
supersedes all municipal by-laws respecting the construction "Rso. i980,
or demolition of buildings as defined in section 1. 1974, c. 74, ^' ^^^
s. 26.
Sec. 1 (h) (i) BULK SALES Chap. 52 379
CHAPTER 52
Bulk Sales Act
1. In this Act, Interpre-
tation
{a) "buyer" means a person who acquires stock in bulk;
(b) "court" means the county or district court of the
county or district in which the seller's stock or a
substantial part thereof is located or the seller's busi-
ness or trade or a substantial part thereof is carried
on at the time of the sale in bulk ;
(c) "creditor" means any creditor, including an un-
secured trade creditor and a secured trade creditor;
(d) "judge" means a judge of the court ;
{e) "proceeds of the sale" includes the purchase price
and any security therefor or for any part thereof,
and any other consideration payable to the seller
or passing from the buyer to the seller on a sale
in bulk, and the moneys realized by a trustee
under a security or by the sale or other disposition
of any property coming into his hands as the con-
sideration or part of the consideration for the sale,
less the proper and reasonable costs of the seller's
solicitor for completing the sale ;
(/) "sale", whether used alone or in the expression
"sale in bulk", includes a transfer, conveyance, barter
or exchange, but does not include a pledge, charge or
mortgage ;
ig) "sale in bulk" means a sale of stock in bulk out
of the usual course of business or trade of the
seller ;
(h) "secured trade creditor" means a person to whom
a seller is indebted, whether or not the debt is
due,
(i) for stock, money or sersMces furnished for
the purpose of enabling the seller to carry on
business, or
380 Chap. 52 bulk sales Sec. 1 (h) (ii)
(ii) for rental of premises in or from which the
seller carries on business,
and who holds security or is entitled to a prefer-
ence in respect of his claim ;
(i) "seller" means a person who sells stock in bulk;
(;") "stock" means,
(i) goods, wares, merchandise or chattels ordin-
arily the subject of trade and commerce,
(ii) the goods, wares, merchandise or chattels in
which a person trades or that he produces or
that are the output of a business, or
(iii) the fixtures, goods and chattels with which a
person carries on a trade or business ;
{k) "stock in bulk" means stock or part thereof that is
the subject of a sale in bulk and all other property,
real or personal, that together with stock is the
subject of a sale in bulk ;
(/) "unsecured trade creditor" means a person to whom
a seller is indebted for stock, money or services
furnished for the purpose of enabling the seller to
carry on a business, whether or not the debt is due,
and who holds no security or who is entitled to no
preference in respect of his claim. R.S.O. 1970,
c. 52,s. 1.
oflct^^^^^ 2. This Act applies to every sale in bulk except a sale in
bulk by an executor, an administrator, a committee of the
estate of a mentally incompetent or incapable person, the
R.sx). 1980, Public Trustee as committee under the Mental Health Act
or an order made under that Act, a creditor realizing upon
his security, a receiver, an assignee or trustee for the benefit
R.s.c. 1970, of creditors, a trustee under the Bankruptcy Act (Canada),
a hquidator or official receiver, or a public official acting
under judicial process. R.S.O. 1970, c. 52, s. 2.
B-3
exemption ^' — (^) ^ seller may apply to a judge for an order exemp-
ing a sale in bulk from the application of this Act, and
the judge, if he is satisfied, on the affidavit of the seller and
any other evidence, that the sale is advantageous to the
seller and will not impair his ability to pay his creditors in
full, may make the order, and thereafter this Act, except
section 7, does not apply to the sale.
Sec. 7 BULK SALES Chap. 52 381
(2) The judge may require notice of the apphcation for ^^r^^and
the order to be given to the creditors of the seller or such directions
of them as he directs, and he may in the order impose
such terms and give such directions with respect to the dis-
position of the proceeds of the sale or otherwise as he con-
siders appropriate. R.S.O. 1970, c. 52, s. 3.
4.^(1) The buyer, before paying or delivering to the seller statement
any part of the proceeds of the sale, other than the part creditors
mentioned in section 6, shall demand of and receive from the
seller, and the seller shall deliver to the buyer, a statement
verified by the affidavit of the seller in Form 1 .
(2) The statement shall show the names and addresses of contents of
^ ' statement
the unsecured trade creditors and the secured trade creditors
of the seller and the amount of the indebtedness or liability
due, owing, payable, or accruing due, or to become due and
payable, by the seller to each of them, and, with respect to
the claims of the secured trade creditors, the nature of their
security and whether their claims are due or, in the event of
sale, become due on the date fixed for the completion of the
sale. R.S.O. 1970, c. 52, s. 4.
5. From and after the delivery of the statement men- No
,. .. , -^ ...,.,, preference
tioned in section 4, no preference or priority is obtainable or priority
by any creditor of the seller in respect of the stock in bulk, or
the proceeds of the sale thereof, by attachment, garnishment
proceedings, contract or otherwise. R.S.O. 1970, c. 52, s. 5.
6. The buyer may, before he receives the statement men- ^^rt
, ■ ■ A 1 ,1 r 1 payment
tioned m section 4, pay to the seller on account of the
purchase price a sum not exceeding 10 per cent of the pur-
chase price which shall form part of the proceeds of sale and
which the seller shall hold in trust,
(a) for the buyer until completion of the sale, or, if the
sale is not completed and the buyer becomes entitled
to repayment of it, until it is repaid to the buyer; or
(b) where the sale is completed and a trustee has been
appointed, for the trustee until the seller complies
with clause 10 (b). R.S.O. 1970, c. 52, s. 6.
7. Any creditor of a seller is entitled to demand of the Particulars
seller or the buyer, in which case the seller or the buyer, as
the case may be, shall forthwith deliver to the creditor,
particulars in writing of the sale in bulk. R.S.O. 1970, c. 52,
s. 7.
382 Chap. 52 bulk sales Sec. 8 (1)
comj)^etion g^ — (1) Where the buyer has received the statement men-
tioned in section 4, he may pay or deliver the proceeds of
the sale to the seller and thereupon acquire the property of
the seller in the stock in bulk,
{a) if the statement mentioned in section 4 discloses
that the claims of the unsecured trade creditors of
the seller do not exceed a total of $2,500 and that
the claims of the secured trade creditors of the seller
do not exceed a total of $2,500 and the buyer has
no notice that the claims of the unsecured trade
creditors of the seller exceed a total of $2,500 and
that the claims of the secured trade creditors of the
seller exceed a total of $2,500 ; or
(b) if the seller delivers a statement verified by his
affidavit showing that the claims of all unsecured
trade creditors and all secured trade creditors of the
seller of which the buyer has notice have been paid
in full ; or
(c) if adequate provision has been made for the im-
mediate payment in full of all claims of the un-
secured trade creditors of the seller of which the
buyer has notice and of all claims of secured trade
creditors of the seller that are or become due and
payable upon completion of the sale of which the
buyer has notice, so long as their claims are paid in
full forthwith after completion of the sale, but where
any such creditor has delivered a waiver in Form 2
no provision need be made for the immediate pay-
ment of his claim.
^^^^ (2) Where the buyer has received the statement mentioned
in section 4, he may pay or deliver the proceeds of the sale
to the trustee and thereupon acquire the property of the
seller in the stock in bulk, if the seller delivers to the buyer,
{a) the consent to the sale in Form 3 of unsecured
trade creditors of the seller representing not less than
60 per cent in number and amount of the claims that
exceed $50 of all the unsecured trade creditQrs of the
seller of whose claims the buyer has notice ; and
{b) an affidavit of the seller deposing that he delivered
or caused to be delivered to all of his unsecured
trade creditors and secured trade creditors person-
ally or by registered mail addressed to them at their
last known addresses at least fourteen days before
the date fixed for the completion of the sale copies
Sec. 10 (a) BULK SALES Chap. 52 383
of the contract of the sale in bulk, the statement men-
tioned in subsection 4(1), and the statement of affairs in
Form 4, and deposing that the affairs of the seller as
disclosed in the statement of affairs have not materially
changed since it was made.
(3) Duplicate originals of the documents mentioned in clause (2) ^°be™^°*^
(b) shall be attached as exhibits to the affidavit mentioned there- exhibited
in. R.S.O. 1970, c. 52, s. 8.
9. — (1) Where a sale in bulk is being completed under subsec- Appointment
tion 8 (2), a trustee shall be appointed,
(a) by the seller with the consent in Form 3 of his un-
secured trade creditors representing not less than 60
per cent in number and amount of the claims that ex-
ceed $50 of the unsecured trade creditors as shown
by the statement mentioned in section 4 ; or
{b) by a judge upon the application of any person
interested where the unsecured trade creditors of the
seller representing not less than 60 per cent in num-
ber and amount of the claims that exceed $50 as
shown by the statement mentioned in section 4 have
consented to the sale in bulk but have not consented
to the appointment of a trustee, or where the
trustee appointed under clause (a) is unable or unwilling
to act.
(2) Every trustee shall forthwith give security in cash or security
by bond of a guarantee company satisfactory to a judge for
the due accounting for all property received by him as trustee
and for the due and faithful performance of his duties, and
the security shall be deposited with the clerk of the court
and shall be given in favour of the creditors generally and
may be enforced by any succeeding trustee or by any one
of the creditors on behalf of all by direction of the judge
and the amount of the security may be increased or de-
creased by the judge at any time. R.S.O. 1970, c. 52, s. 9.
10. Where a sale in bulk is completed under subsection 8 (2), when
'^ ^ " proceeds
of sale to
be paid
{a) the seller shall deliver to the trustee a statement trustee
verified by the affidavit of the seller showing the
names and addresses of all creditors of the seller and
the amount of the indebtedness or liability due,
owing, payable or accruing due, or to become due
and payable by the seller to each of them; and
384 Chap. 52 BULK SALES Sec. 10 (b)
(b) the seller shall pay to the trustee all moneys
received by him from the buyer on account of the
purchase price under section 6 ; and
(c) the buyer shall pay or deliver the balance of the
proceeds of the sale to the trustee. R.S.O. 1970,
c. 52,s. 10.
com°?etion ^^* — ^^^ Within five days after the completion of a sale
of sale in bulk, the buyer shall file in the office of the clerk of the
court an affidavit setting out the particulars of the sale, in-
cluding the subject-matter thereof and the name and address
of the trustee, if any, and exhibiting duplicate originals of
the statement mentioned in section 4, the statement, if any,
mentioned in clause 8 (1) (b), the waivers, if any, mentioned in
clause 8 (1) (c) and the consent and affidavit, if any, mentioned in
subsection 8 (2).
Fees (2) For services rendered in connection with the filings required
by subsection (1), the clerk of the court is entitled to the following
fees:
1. For filing affidavit $1.00
2. For a search .50
3. For a certificate of filing of affidavit .50
4. For copies of affidavit and certifying the same,
for every 100 words .20
5. For production and inspection of affidavit . . .10
Failure (3) If the buycr fails to comply with subsection (1), a judge may
to file
at any time,
{a) upon the application of the trustee or a creditor,
order the buyer to comply therewith ; or
(6) upon the application of the buyer, extend the time
for compliance therewith ; or
(c) upon the application of the buyer after the lapse of
one year from the date of the completion of the
sale in bulk and upon being satisfied that the claims
of all unsecured trade creditors and secured trade
creditors of the seller existing at the time of the
completion of the sale have been paid in full and
Sec. 14(1)1|2 BULK SALES Chap. 52 385
that no action or proceeding is pending to set aside
the sale or to have the sale declared void and that
the application is made in good faith and not for any
improper purpose, make an order dispensing with
compliance therewith. R.S.O. 1970, c. 52, s. 11.
12. — (1) Where the proceeds of the sale are paid or Distriimtion
delivered to a trustee under section 10, the trustee is a trustee of sale
for the general benefit of the creditors of the seller and he
shall distribute the proceeds of the sale among the creditors
of the seller, and, in making the distribution, all creditors'
claims shall be proved in like manner and are subject to like
contestation before a judge and, subject to section 13, are
entitled to like priorities as in the case of a distribution
under the Bankruptcy Act (Canada), as amended or re-enacted ^^ |C i97o,
from time to time, and shall be determined as of the date
of the completion of the sale.
(2) Before making the distribution, the trustee shall cause Notice
a notice thereof to be published in at least two issues of a
newspaper having general circulation in the locality in which
the stock in bulk was situated at the time of the sale, and
the trustee shall not make the distribution until at least
fourteen days after the last of such publications.
(3) Upon notice to the trustee within thirty days after the ^®j?^"°° .
date of the filing of the documents mentioned in section 1 1 receiving
order
that a petition for a receiving order against the seller has
been filed, the trustee shall not distribute the proceeds of the
sale until the final disposition of the petition and, where a
receiving order is made pursuant to the petition, the trustee
shall pay the proceeds of the sale, after deducting therefrom
his fee and disbursements, to the trustee appointed by the
receiving order. R.S.O. 1970, c. 52, s. 12.
1 3. Nothing in this Act affects the rights of any municipality Municipal
under the Assessment Act or Part XXII of the Municipal preserved
Act. R.S.O. 1970, c. 52, s. 13. R so. iggo,
cc. 31, 302
14. — (1) Subject to subsection (3), the fee of the trustee shall be Fee of
•' ' trustee
as follows:
1 . Where the proceeds of the sale do not exceed
$5,000 % 250
2. Where the proceeds of the sale exceed $5,000
but do not exceed $25,000 $ 250
plus 3 per cent of the amount by which the
proceeds of the sale exceed $5,000
386
Chap. 52
BULK SALES
Sec. 14 (1)113
Idem
Idem
3. Where the proceeds of the sale exceed $25,000
but do not exceed $100,000
plus 2 per cent of the amount by which the
proceeds of the sale exceed $25,000
$ 850
4. Where the proceeds of the sale exceed $100,000 $2,350
plus 1 per cent of the amount by which
the proceeds of the sale exceed $100,000
(2) In the absence of an arrangement between the seller
and the trustee to the contrary, the fee, together with any
disbursements made by the trustee, shall be deducted by him
from the moneys to be paid to the creditors.
(3) Where the proceeds of the sale exceed the amount re-
quired to pay in full all indebtedness of the seller to his
creditors, the fee of the trustee together with any disburse-
ment made by the trustee shall be deducted by him from the
excess proceeds to the extent of that excess, and any sum
remaining unpaid thereafter shall be paid as provided in sub-
section (1). R.S.O. 1970, c. 52, s. 14.
Who may
make
affidavits
15. — (1) Any affidavit required to be made under this
Act by a seller,
{a) if the seller is a partnership, shall be made sever-
ally by all of the partners ; or
(b) if the seller is a corporation, shall be made by an
officer or director of the corporation and shall state
that the deponent has a personal knowledge of the
facts deposed to.
Idem
(2) Upon the application of a seller and upon being satis-
fied that good and sufficient cause exists that any affidavit
required to be made under this Act should be made other-
wise than under subsection (1), a judge may order accord-
ingly. R.S.O. 1970, c. 52, s. 15.
Effect of
buyer
failing to
comply
with Act
Personal
liability
of buyer
16. — (1) A sale in bulk is voidable unless the buyer has
complied with this Act.
(2) If a sale in bulk has been set aside or declared void
and the buyer has received or taken possession of the stock
in bulk, he is personally liable to account to the creditors of
the seller for the value thereof, including all moneys, security
and property realized or taken by him from, out of, or on
account of, the sale or other disposition by him of the
stock in bulk. R.S.O. 1970, c. 52, s. 16.
Sec. 19 BULK SALES Chap. 52 387
17. — (1) An action or proceeding to set aside or have ^^"^^
declared void a sale in bulk may be brought or taken by a action
creditor of the seller, and, if the seller is adjudged bank-
rupt, by the trustee of his estate.
(2) No action shall be brought or proceeding taken in ^ght of °
respect of real property included in a sale in bulk if the action
reaf propertv has been sold, transferred, charged or mort-
gaged to a bona fide purchaser, transferee, chargee or mort-
gagee for valuable consideration without actual notice of
non-compliance with the Act by the buyer. R.S.O. 1970, c. 52,
s. 17.
1 8. In an action or proceeding in which a sale in bulk is o/^oof
attacked or comes in question, whether directly or indirectly,
the burden of proof that this Act has been complied with is
upon the person upholding the sale in bulk. R.S.O. 1970,
c. 52,s. 18.
19. No action shall be brought or proceeding taken to set Limitation
aside or have declared void a sale in bulk for failure to
comply with this Act unless the action is brought or the proceed-
ing is taken either before the documents are filed under
section 11 or within six months after the date on which
the documents were filed under section 11. R.S.O. 1970,
c. 52,s. 19.
aas
Chap. 52
BULK SALES
Form 1
FORM 1
(Section 4 (1) )
Bulk Sales Act
STATEMENT AS TO SELLER'S CREDITORS
Statement showing names and addresses of all unsecured trade creditors and secured
trade creditors of
of the of in the of
and the amount of the indebtedness or liability due, owing, payable or accruing due or to
become due by him to each of them.
"'' UNSECURED TRADE CREDITORS
Name of Creditor
Address
Amount
SECURED TRADE CREDITORS
Name of
Creditor
Address
Amount
Nature of
Security
Due or becoming due
on the date fixed for
the completion of
the sale
, , of the of .
the,
.of , , make oath and say :
1 . That the foregoing statement is a true and correct statement
(a) of the names and addresses of all the unsecured trade creditors of the
said and of the amount of the indebtedness or liability
due, owing, payable or accruing due or to become due and payable by the
said to each of the said unsecured trade creditors ;
and
(b) of the names and addresses of all the secured trade creditors of the
said and of the amount of the indebtedness or liability
due, owing, payable or accruing due or to become due and payable by the
sjiid to each of the said secured trade creditors,
the nature of their security, and whether they are or in the event of sale will become
due and payable on the date fixed for the completion of the sale.
(and, if the seller is a corporation)
2. That I am of the Corporation,
and have personal knowledge of the facts herein deposed to.
Sworn before me, etc. I
R.S.O. 1970, c. 52, Form 1.
Form 2 bulk sales Chap. 52 389
FORM 2
(Section 8 (1) (c) )
Bulk Sales Act
WAIVER
In the matter of the sale in bulk
Between
Seller
— and —
Buyer
I, of the of
in the of , a secured
an unsecured trade
creditor of the above-named seller, hereby waive the provisions of the Bulk Sales Act
that require that adequate provision be made for the immediate payment in full of
my claim forthwith after completion of the sale, and I hereby acknowledge'and agree that
the buyer may pay or deliver the proceeds of the sale to the seller and thereupon
acquire the property of the seller in the stock without making provisiorf for the im-
mediate payment of my claim and that any right to recover payment of my claim
may/unless otherwise agreed, be asserted against the seller only.
Dated at this day of , 19. . .
Witness :
R.S.O. 1970, c. 52, Form 2.
390 Chap. 52 BULK sales Form 3
FORM 3
{Sections 8 (2) (a) and 9 (1) (a) )
Bulk Sales Act
CONSENT
In the matter of the sale in bulk
Between :
Seller
— and —
I , of the of.
in the of , an unsecured trade creditor of the
above-named seller, hereby acknowledge and agree ;
1. that I have received,
(a) a copy of the statement showing the names and addresses of the unsecured
trade creditors and the amount of the indebtedness or liability due, owing,
payable or accruing due or to become due and payable by the seller, and
showing the names and addresses of his secured trade creditors, the nature
of their security and whether their claims are or, in the event of sale,
become due on the date fixed for completion of the sale, and the amount
of the indebtedness or liability due, or owing, payable or accruing due
or to become due and payable by the seller ;
(b) a statement of the affairs of the seller ; and
(c) a copy of the contract of the sale in bulk ;
2. that I consent to the sale ; and
3. that I consent to the appointment of as trustee.
Dated at , this day of 19. . .
Witness :
R.S.O. 1970, c. 52, Form 3.
Form 4
BULK SALES
Chap. 52
391
FORM 4
{Section 8 (2) (b) )
Bulk Sales Act
STATEMENT OF AFFAIRS
A ssets included in the Sale in Bulk
(a) Amount of the proceeds of the sale
Assets not included in the Sale in Bulk
(b) Stock-in-trade at cost price not exceeding fair value $ .
(c) Trade fixtures, fittings, utensils, etc S.
(d) Book debts— Good $
Doubtful S
Bad $
Estimated to produce $ .
(e) Bills of exchange, promissory notes, etc $.
(/) Cash in bank %.
(g) Cash on hand $ .
(A) Livestock $ .
(») Machinery, equipment, and plant. $.
(j) Real estate $ .
(k) Estimated value of securities in hands of secured
creditors $ .
(/) Furniture $ .
(m) Life insurance policies $.
(n) Stocks and bonds $ .
(o) Interest in estates $ .
(/») Other property, viz $ .
Total
Liabilities
(q) Unsecured trade creditors
(r) Secured trade creditors
(s) Preferred creditors
(t) All other liabilities, except contingent liabilities set
out below
Total
Surplus or deficiency.
Contingent Liabilities
(«) Liabilities under endorsements and guarantees
(r) All other contingent liabilities
Total
I..
of the of
in the of , make oath
and say that the above statement is to the best of my knowledge and belief a full,
true and complete statement of my affairs on the day of
19. ... , (which date shall not be more than 30 days before the date of the affidavit) and fully
discloses all my property of ever\- description.
Sworn before me, etc.
R.S.O. 1970, c. 52, Form 4.
ii>h
Sec. 2 BULL owners' ll^ility Chap. 53 393
CHAPTER 53
Bull Owners' Liability Act
1 . The owner of any bull found off his owner's premises, not Penalty for
confined or led by an attendant, is guilty of an offence and on buii to run
conviction is liable to a penalty of $25. R.S.O. 1950, c. 294, s. 1. ^^ '^^^
2. Where a cow is got in calf by a bull running at large, the Damages
tj o / recoverable
owner of the cow is entitled to recover the full amount of actual where cow
damage or loss sustained by him, from the owner of the bull. ^'^^ '" '^^^
R.S.O. 1950, c. 294, s. 2.
Sec. 1 (1) 117 ii business corporations Chap. 54 395
CHAPTER 54
Business Corporations Act
1.— (1) In this Act. J^terpre-
1. "affiliate" means an affiliated body corporate within
the meaning of subsection (4);
2. "articles of incorporation" or "articles" means
the original or restated articles of incorporation,
articles of amalgamation, letters patent, supple-
mentary letters patent, a special Act and any other
instrument by which a corporation is incorporated,
and includes any amendments thereto ;
3. "authorized capital" means the authorized capital
as determined under section 23;
4. "basic earnings per share" means the amount of
income attributable to each outstanding share that
carries as an incident of ownership the right to
participate in earnings to an unlimited degree, cal-
culated in the manner prescribed by the regulations ;
5. "body corporate" means any body corporate with
or without share capital and whether or not it is
a corporation to which this Act applies;
6. "certificate of incorporation" includes letters patent,
a special Act or any other instrument by which a
corporation is incorporated;
7. "certified copy" means,
i. in relation to a document of a corporation, a
copy of the document certified to be a true
copy under the seal of the corporation
and signed by an officer thereof,
ii. in relation to a document issued by a court,
a copy of the document certified to be a
true copy under the seal of the court and
signed by the registrar or clerk thereof,
396 Chap. 54 BUSINESS CORPORATIONS Sec. 1 (1) 117 iii
iii. in relation to a document in the custody of
the Ministry, a copy of the document certi-
fied to be a true copy undef the seal of the
Minister and signed by the Minister or by
such officer of the Ministry as is designated
by the regulations;
8. "Commission" means the Ontario Securities Com-
mission ;
9. "corporation" means a body corporate with share
capital to which this Act applies;
10. "corporation number" means the number assigned
by the Minister to a corporation in accordance with
subsection 6(1), and "number" in relation to a corpora-
tion means the corporation number of that corporation;
11. "court" means the Supreme Court of Ontario
presided over by one of those judges of the High
Court who are designated by the Chief Justice of
the High Court for the purpose of hearing appli-
cations under this Act ;
12. "debt obligation" means a bond, debenture, note
or other similar obligation of a body corporate,
whether secured or unsecured ;
13. "equity share" means any share of any class of
shares of a body corporate carrying voting rights
under all circumstances and any share of any
class of shares carrying voting rights by reason of
the occurrence of any contingency that has occurred
and is continuing ;
14. "financial statement" means a financial statement
referred to in section 165;
15. "fully diluted earnings per share" means the amount
of income attributable to each share that would,
if all potential conversions, exercises and contingent
issuances had occurred during the period, be out-
standing and have as an incident of ownership the
right to participate in earnings to an unlimited
degree, calculated in the manner prescribed by
the regulations ;
Sec. 1 (1) f 26 BUSINESS CORPORATIONS Chap. 54 397
16. "individual" means a natural person, but does, not
include a partnership, unincorporated association,
unincorporated syndicate, unincorporated organiza-
tion, trust, or a natural person in his capacity as
trustee, executor, admininstrator or other legal
personal representative ;
_ 17. "interim financial statement" means a financial
statement referred to in section 176;
18. "issued capital" means the issued capital as deter-
mined under section 31;
19. "Minister" means the Minister of Consumer and
Commercial Relations or such other member of
the Executive Council to whom the administration
of this Act may be assigned;
20. "Ministry" means the Ministry of the Minister;
21. "non-resident corporation" means a corporation that is
not deemed to be resident in Canada under paragraph
250 (4) (c) of the Income Tax Act (Canada); RSC. i9S2,
• ' c. 148
22. "number name" means the name of a corporation which
consists only of its corporation number followed by the
word "Ontario" and one of the words or abbreviations
provided for in subsection 8(1);
23. "officer" means the chairman, any vice-chairman
of the board of directors, the president, any vice-
president, the secretary, the assistant secretary,
the treasurer, the assistant treasurer and the general
manager of a corporation, and any other person
designated an officer of a corporation by by-law or
by resolution of the directors or any other individual
who performs functions for a corporation similar
to those normally performed by an individual
occupying any such office ;
24. "personal representative", where used with refer-
ence to holding shares in that capacity, means an
executor, administrator, guardian, tutor, trustee,
receiver or liquidator or the committee of or
curator to a mentally incompetent person ;
25. "prescribed" means prescribed by the regulations;
26. "regulations" means the regulations made under
this Act;
398 Chap. 54 BUSINESS corporations Sec. 1 (1) 1127
27. "related person", where used to indicate a relation-
ship with any person, means,
i. any spouse, son or daughter of that person,
ii. any relative of such person or of his spouse,
other than a relative referred to in subpara-
graph i, who has the same home as such
person, or
iii. any body corporate of which such person
and any of the persons referred to in sub-
paragraph i or ii or the partner or employer
of such person, either alone or in com-
bination, beneficially owns, directly or in-
directly, equity shares carrying more than
50 per cent of the voting rights attached to
all equity shares of the body corporate
for the time being outstanding;
28. "resident Canadian" means an individual who is
a Canadian citizen or has been lawfully admitted
to Canada for permanent residence and who is
ordinarily resident in Canada;
29. "security" means any share of any class of shares
or any debt obligation of a body corporate;
30. "senior officer" means,
i. the chairman or a vice-chairman of the board
of directors, the president, a vice-president,
the secretary, the treasurer or the general
manager of a corporation or any other in-
dividual who performs functions for a cor-
poration similar to those normally performed
by an individual occupying any such office,
and
ii. each of the five highest paid employees of a
corporation, including any individual referred
to in subparagraph i ;
31. "special by-law" means a by-law that is not effective
until it is,
i. passed by the directors of a corporation, and
ii, confirmed, with or without variation, by at
least two-thirds of the votes cast at a general
meeting of the shareholders of the corpora-
Sec. 1 (2) (6) BUSINESS corporations Chap. 54 399
tion duly called for that purpose, or such
greater proportion of the votes cast as the
articles provide, or, in lieu of such con-
firmation, by the consent in writing of all
the shareholders entitled to vote at such
meeting or their attorney authorized in
. . " jwriting ;
32. "special resolution" means a resolution that is
not effective until it is,
i. passed by the directors of a corporation,
and
ii. confirmed, with or without variation, by at
least two-thirds of the votes cast at a
general meeting of the shareholders of the
corporation duly called for that purpose, or
such greater proportion of the votes cast as
the articles provide, or, in lieu of such con-
firmation, by the consent in writing of all
the shareholders entitled to vote at such
meeting or their attorney authorized in
writing ;
33. "warrant" means any document issued by a body
corporate entitling the holder to purchase a secu-
rity of the body corporate on specified terms.
R.S.O. 1970, c. 53, s. 1 (1); 1971, c. 26, s. 1;
1972, c. 1, ss. 1, 30; 1972, c. 138, s. 1 (3, 4); 1974,
c. 26, s. 1; 1978, c. 49, s. 1 (1-4); 1979, c. 36, s. 1.
(2) For the purposes of this Act, a body corporate shall ^^^T®"
be deemed to be a subsidiary of another body corporate if, subsidiary
but only if, corporate
{a) it is controlled by,
(i) that other, or
(ii) that other and one or more bodies cor-
porate each of which is controlled by that
other, or
(iii) two or more bodies corp)orate each of which
is controlled by that other ; or
[b) it is a subsidiary of a body corporate that is that
other's subsidiary.
400
Chap. 54
BUSINESS CORPORATIONS
Sec. 1 (3)
body^'^^ (3) For the purposes of this Act, a body corporate
corporate shall be deemed to be another's holding body corporate if,
but only if, that other is its subsidiary.
Affiliated
body
corporate
(4) For the purposes of this Act, one body corporate shall
be deemed to be affiliated with another body corporate
if, but only if, one of them is the subsidiary of the other
or both are subsidiaries of the same body corporate or each of
them is controlled by the same person.
Control
(5) For the purposes of this Act, a body corporate shall
be deemed to be controlled by another person or by two
or more bodies corporate if, but only if,
{a) shares of the first-mentioned body corporate carry-
ing more than 50 per cent of the votes for the
election of directors are held, other than by way
of security only, by or for the benefit of such
other person or by or for the benefit of such other
bodies corporate ; and
(6) the votes carried by such shares are sufficient, if
exercised, to elect a majority of the board of
directors of the first-mentioned body corporate.
R.S.O. 1970, c. 53, s. 1 (2-5).
Insolvency (5) por the purposes of this Act, a corporation is insolvent
if its liabilities exceed the realizable value of its assets or
if the corporation is unable to pay its debts as they
become due.
SiaSiders ^^^ ^" determining the number of shareholders of a
corporation, for the purposes of this Act, two or more
persons holding the same share or shares jointly shall be
counted as one shareholder. R.S.O. 1970, c. 53, s. 1 (7, 8).
secumfes ^^) ^^^ ^^^ purposes of this Act, a body corporate is offering its
to public securities to the public only where,
R.S.O. 1980,
c. 466
in respect of any of its securities a prospectus,
statement of material facts or securities exchange
take-over bid circular has been filed under the Securities
Act, or any predecessor thereof, or in respect of which a
prospectus has been filed under The Corporations Infor-
mation Act, being chapter 72 of the Revised Statutes of
Ontario, 1960, or any predecessor thereof, so long as any
of such securities are outstanding or any securities into
which such securities are converted are outstanding; or
Sec. 2 (2) ib) BUSINESS CORPORATIONS Chap. 54 401
(b) any of its securities have been at any time since
the 1st day of May, 1967, hsted and posted for
trading on any stock exchange in Ontario recognized
by the Commission, regardless of when such listing
and posting for trading commenced,
except that where, upon the application of a body cor-
porate that has fewer than fifteen security holders, the
Commission is satisfied, in its discretion, that to do so
V^ would not be prejudicial to the public interest, the Com-
mission may order, subject to such terms and conditions
as the Commission may impose, that the body corporate
shall be deemed to have ceased to be offering its securities
to the public. 1972, c. 138, s. 1 (5); 1978, c. 49, s. 1 (6, 7).
2. — (1) This Act, except where it is otherwise expressly Application
provided, applies,
(a) to every corporation incorporated by or under a
general or special Act of the Parliament of the
former Province of Upper Canada ;
(b) to every corporation incorporated by or under a
general or special Act of the Parliament of the
former Province of Canada that has its head
office and carries on business in Ontario and that
was incorporated with objects to which the authority
of the Legislature extends; and
(c) to every corporation incorporated by or under a
general or special Act of the Legislature,
but this Act does not apply to a corporation incorporated
for the construction and working of a railway, an incline
railway or a street railway, or to a corporation within the
meaning of the Loan and Trust Corporations Act except as pro- ff^- '^*°'
vided by that Act. R.S.O. 1970, c. 53, s. 2 (1).
(2) This Act does not apply to a corporation that.
Idem
(a) is a company within the meaning of the Cor- R so
1980,
porations Act and has objects in whole or in part of
a social nature ;
0) is a corporation or company within the meaning of
the Co-operative Corporations Act; ^\'P' ^^*°'
402
Chap. 54
BUSINESS CORPORATIONS
Sec. 2 (2) (c)
R.S.O. 1980,
c. 95
(c) is a corporation that is an insurer within the
meaning of subsection 141 (1) of the Corporations Act;
R.S.O. 1980,
c. 102
(d) is a corporation to which the Credit Unions and Caisses
Populaires Act applies. R.S.O. 1970, c. 53, s. 2 (2);
1973, c. 104, s. 1 (2).
INCORPORATION
Incorpora-
tion
3. — (1) A corporation may be incorporated under this
Act for any lawful objects to which the authority of the
Legislature extends, except those of a corporation the in-
corporation of which is provided for in any other Act.
Idem
R.S.O. 1980,
c. 249
(2) Notwithstanding subsection (1), a corporation may be
incorporated under this Act with power only to lend and
invest money on mortgage of real estate or otherwise, or
with power only to accept and execute the office of
liquidator, receiver, assignee, trustee in bankruptcy or
trustee for the benefit of creditors and to accept the duty
of and to act generally in the winding up of corporations,
partnerships and estates, other than estates of deceased
persons, and shall not by reason thereof be deemed to
be a corporation within the meaning of the Loan and
Trust Corporations Act, but the number of its shareholders,
exclusive of persons who are in the employment of the
corporation, shall be limited by its articles to five, and no
such corporation shall issue debt obligations except to its
shareholders, or borrow money on the security of its prop-
erty except from its shareholders, or receive money on deposit
or offer its securities to the public.
Professions
(3) Where the practice of a profession is governed by an
Act, a corporation may be incorporated to practise the
profession only if such Act expressly permits the practice of
such profession by a corporation and subject to the pro-
visions of such Act. R.S.O. 1970, c. 53, s. 3.
Articles of
incorpora-
tion
4. — (1) One or more persons, being a body corporate or
a natural person who is of the age of eighteen years or
more, may incorporate a corporation by signing and de-
livering to the Minister in duplicate articles of incor-
poration. R.S.O. 1970, c. 53, s. 4 (1); 1971, c. 98, s. 4,
Sched., par. 4.
Contents
of articles
(2) The articles of incorporation shall set out :
Sec. 4 (3) BUSINESS CORPORATIONS Chap. 54 403
1. The name of the corporation to be incorporated.
2. The objects for which the corporation is to be
incorporated.
3. The place in Ontario where the head office of the
corporation is to be located, giving the munici-
pality and the county or district or, where the
head office is to be located in territory without
municipal organization, the geographic township
and district and the address giving the street and
number, if any.
4. The authorized capital, the classes of shares, if any,
into which it is to be divided, the number of
shares of each class, and the par value of each
share, or, where the shares are to be without
par value, the consideration, if any, exceeding
which each share may not be issued or the aggre-
gate consideration, if any, exceeding which all
the shares of each class may not be issued.
5. Where there are to be special shares, the designa-
tions, preferences, rights, conditions, restrictions,
hmitations or prohibitions attaching to them or
each class of them.
6. The restrictions, if any, to be placed on the trans-
fer of its shares or any class thereof.
7. The number of directors of the corporation and
the names in full and the residence address, giving
the street and number, if any, of each person
who is to be a first director of the corporation.
8. The class and number of shares, if any, to be taken
by each incorporator and the amount to be paid
therefor.
9. The names in full, and the residence address, giving
street and number, if any, of each of the incor-
porators.
10. Any other matter required by this Act or the
regulations to be set out in the articles.
(3) The articles may set out any provision that is Mem
authorized by this Act to be set out in the articles or
that could be the subject of a by-law of the corporation.
404
Chap. 54
BUSINESS CORPORATIONS
Sec. 4 (4)
Consent
of first
directors
(4) Where the articles name as a first director a person
who is not an incorporator, the articles shall have attached
thereto his written and signed consent to act as a first
director. R.S.O. 1970, c. 53, s. 4 (2-4).
6. — (1) Upon receiving duplicate original articles of in-
Certificate corporation, all other required documents executed in accord-
incorporation ance with this Act and the prescribed fee, the Minister shall,
{a) endorse on each of the duplicate original articles a
■ certificate setting out the day, month and year of
endorsement and the corporation number;
(6) file one of the duplicate originals in his office ; and
'■•*. (c) return to the incorporators or their agents the
other duplicate original.
Mem (2) The certificate endorsed in accordance with subsection
(1) constitutes the certificate of incorporation and the cor-
poration comes into existence upon the date set out therein.
Idem
(3) A certificate of incorporation is conclusive proof that
the corporation has been incorporated under this Act on the
date set out in the certificate except in a proceeding under
section 241 to cancel the certificate for cause. 1979, c. 36, s. 3.
NAME
ofnumber ^* — ^^^ Every corporation shall be assigned a number by
the Minister and such number shall be specified as the cor-
poration number in the certificate of incorporation and in
any other certificate issued by the Minister to the corporation.
Idem
(2) Where no name is specified in the articles which are
delivered to the Minister, the corporation shall be assigned a
number name.
Idem (3) Where, through inadvertence or otherwise, the Minister
has assigned to a corporation a corporation number or num-
ber name that is the same as the number or name of any
other body corporate previously assigned by the Minister,
the Minister may, without holding a hearing, issue a certifi-
cate of amendment to the articles changing the number or
name assigned to the corporation and, upon the issuance of
the certificate of amendment, the articles are amended
accordingly.
Sec. 8 (2) BUSINESS CORPORATIONS Chap. 54 40S
(4) Where for any reason the Minister has endorsed a We™
certificate on articles that sets forth the corporation number
incorrectly, the Minister may substitute a corrected certificate
that shall bear the date of the certificate it replaces.
(5) The file number which has been assigned to a cor- Wem
poration by the Minister prior to the 1st day of September, 1979
shall be deemed to be that corporation's number. 1979, c. 36,
s. 4.
7. — (1) Subject to subsection (2), a corporation shall not be^^""? .
incorporated with a name, ^^
(a) that contains a word or expression prohibited by
the regulations;
(6) that, except where a number name is proposed, is
the same or similar to,
(i) the name of a known body corporate, trust,
association, partnership, sole proprietorship,
or individual, whether in existence or not, or
(ii) the known name under which any body cor-
porate, trust, association, partnership, sole
proprietorship, or individual, carries on business
or identifies itself,
if the use of that name would be likely to deceive;
(c) that does not meet the requirements prescribed by
the regulations.
(2) A corporation may be incorporated with a name ^'^ju^^Tj)
described in clause (1) (b) upon complying with conditions pre-
scribed by the regulations.
(3) There shall be filed with the Minister such documents Documents
relating to the name of the corporation as may be prescribed
by the regulations. 1979, c. 36, s. 5.
8. — (1) The word "Limited", "Incorporated" or "Cor- Use of
• .1 , T 11 • • <iT 1 f. «iT >. Limited
poration or the correspondmg abbreviation Ltd. , Inc. 'incor-
or "Corp." shall be the last word of the name of every R^*"^ration"
corporation, but a corporation may use and may be legally
designated by either the full or the abbreviated form.
(2) Subject to the provisions of thi^ Act and the regu- Corporate
lations, a corporation may have in its articles of incorporation
a special provision permitting it to set out its name in any
language and the corporation may be legally designated by
that name.
406
Chap. 54
BUSINESS CORPORATIONS
Sec. 8 (3)
Letters and (3) Qnly lettCFs from the alphabet of the EngHsh language
permitted OF Arabic numerals or a combination thereof, together with
such punctuation marks and other marks as are permitted by
regulation, may form part of the name of a corporation.
Exception
Change not
to affect
rights, etc.
(4) Subsection (3) does not apply to a name under sub-
section (2). 1979, c. 36, s. 6.
9. A change in the name of a corporation does not affect its
rights or obligations. R.S.O. 1970, c. S3, s. 9.
Unauthorized
use of
"Limited",
etc.
10. — (1) No person, partnership or association, while not
incorporated, shall trade or carry on a business or under-
taking under a name in which "Limited", "Incorporated"
or "Corporation" or any abbreviation thereof, or any version
thereof in another language, is used.
Idem
(2) Where a corporation carries on business or identifies
itself to the public in a name or style other than as provided
in the articles, that name or style shall not include the word
"Limited", "Incorporated" or "Corporation", any abbrevi-
ation thereof or any version thereof in another language.
1979, c. 36, s. 7.
Change of
name if
objectionable
Failure to
perform
undertaking
Idem
11. — (1) If a corporation, through inadvertence or other-
wise, has acquired a name contrary to section 7, the
Minister may, after he has given the corporation an op-
portunity to be heard, issue a certificate of amendment to
the articles changing the name of the corporation to a name
specified in the certificate and, upon the issuance of the
certificate of amendment, the articles are amended ac-
cordingly.
(2) Where an undertaking to dissolve or change its name
is given by a corporation to which this Act applies and the
undertaking is not carried out within the time specified, the
Minister may, after giving the corporation .an opportunity to
be heard, issue a certificate of amendment to the articles
changing the name of the corporation to a name specified in
the certificate and, upon the issuance of the certificate of
amendment, the articles are amended accordingly.
(3) Where an undertaking to dissolve or change its name
is given by a body corporate to which this Act does not
apply, or by a trust, association, partnership, sole proprie-
torship or individual, and the undertaking is not carried out
within the time specified, the Minister may, after giving
the corporation that acquired the name by virtue of such
undertaking an opportunity to be heard, issue a certificate
Sec. 13 (5) BUSINESS CORPORATIONS Chap. 54 407
of amendment to the articles changing the name of the
corporation to a name specified in the certificate and, upon
the issuance of the certificate, the articles are amended
accordingly.
(4) Where the name of a corporation has been changed ^^^"s^ of
under proceedings taken under this section, the corporation
may, subject to section 7, thereafter deliver to the Minister
articles of amendment under the provisions of this Act
changing its name to the name specified in the articles. 1979,
c. 36, s. 8.
SEAL AND HEAD OFFICE
12. — (1) A corporation shall have a seal which shall be ^°^™^
adopted and may be changed by resolution of the directors.
(2) The name of the corporation shall appear in legible ^em
characters on the seal. R.S.O. 1970, c. 53, s. 13.
13. — (1) Subject to subsection (2), a corporation shall at h^^
all times have its head office at the place in Ontario where
the articles provide that the head office is to be located.
(2) A corporation may by special by-law change the ^^^^0^
municipality or geographic township in which its head
office is located to another place in Ontario.
(3) Where the location of the head office of a corporation ^J^^lipanty
is changed by reason only of the annexation or amalga- annexed
mation of the place in which the head office is located to gamated
or with another municipality, such change does not con-
stitute and has never constituted a change within the
meaning of subsection (2).
(4) The corporation shall, within ten days after a by-law by"^"^
passed under subsection (2) has been confirmed by the
shareholders, file a certified copy of the by-law with the
Minister.
(5) A corporation may by resolution of the directors J5^^®°'
change the location of its head office within a municipality address
408
Chap. 54
BUSINESS CORPORATIONS
Sec. 13 (5)
or geographic township and shall, within ten days after
the passing of the resolution, file with the Minister notice of
the change giving the address including the street and
number, if any, of the new location.
Validity (5) Failure to comply with subsection (4) or (5) does not affect
the validity of the by-law or resolution. R.S.O. 1970, c. S3,s. 14.
Corporate
character-
istics
POWERS
General
14. — (1) Every corporation has power,
{a) to have perpetual succession ;
(6) to contract and sue and be sued in its corporate
name; and
(c) to carry on business in or identify itself to the public
by a name or style other than its corporate name.
R.S.O. 1970, c. 53, s. 15 (1).
^ower°**^ (2) A corporation has power as incidental and ancillary
to the objects set out in its articles,
1. to carry on any other business capable of being
conveniently carried on in connection with its
business or likely to enhance the value of or make
profitable any of its property or rights;
2. to acquire or undertake the whole or any part of
the business, property and liabilities of any person
carrying on any business that the corporation is
authorized to carry on ;
3. to apply for, register, purchase, lease, acquire, hold,
use, control, license, sell, assign or dispose of
patents, patent rights, copyrights, trade marks,
formulae, licences, inventions, processes, distinctive
marks and similar rights;
4. to enter into partnership or into any arrangement
for sharing of profits, union of interests, co-opera-
Sec. 14 (2) 19 BUSINESS CORPORATIONS Chap. 54 409
tion, joint adventure, reciprocal concession or other-
wise with any person or body corporate carrying on
or engaged in or about to carry on or engage in
any business or transaction that the corporation is
authorized to carry on or engage in or any business
or transaction capable of being conducted so as
to benefit the corporation ;
5. to take or otherwise acquire and hold securities
in any other body corporate having objects al-
together or in part similar to those of the cor-
poration or carrying on any business capable of
being conducted so as to benefit the corporation;
6. to lend money to any other body corjwrate or any
firm or person having dealings with the corporation
or with whom the corporation proposes to have
dealings or to any other body corporate any of
whose shares are held by the corporation;
7. to apply for, secure or acquire by grant, legislative
enactment, assignment, transfer, purchase or other-
wise, and to exercise, carry out and enjoy any
charter, licence, power, authority, franchise, con-
cession, right or privilege, that any government or
authority or any body corporate or other public
body may be empowered to grant, and to pay
for, aid in and contribute toward carrying it into
effect and to assume any liabilities or obligations
incidental thereto;
8. to establish and support or aid in the establishment
and support of associations, institutions, funds or
trusts for the benefit of employees or former
employees of the corporation or its predecessors,
or the dependants or connections of such employees
or former employees, and grant pensions and
allowances, and make payments towards insurance
or for any object similar to those set forth in this
paragraph, and to subscribe or guarantee money
for charitable, benevolent, educational or religious
objects or for any exhibition or for any public,
general or useful objects;
9. to promote any body corporate for the purpose,
of acquiring or taking over any of the property
and liabilities of the body corporate or for any
other purpose that may benefit the corporation;
410 Chap. 54 business corporations Sec. 14 (2) If 10
10. to purchase, lease, take in exchange, hire or
otherwise acquire any personal property and any
rights or privileges that the corporation considers
necessary or convenient for the purposes of its
business ;
11. to construct, maintain and alter any buildings or
works necessary or convenient for its objects;
12. to acquire by purchase, lease or otherwise and hold
any land or interest therein necessary for its
actual use and occupation or for carrying on its
undertaking, and, when no longer necessary there-
for, to sell, alienate or convey it;
13. to take, hold and alienate real and personal property
that has in good faith been mortgaged to the cor-
poration by way of security for, or conveyed to it
in satisfaction of, debts previously contracted in
the course of its business, or purchased at judicial
sales upon levy for such indebtedness, or other-
wise purchased for the purpose of avoiding a loss
to the corporation ;
14. to construct, improve, maintain, work, manage,
carry out or control any roads, ways, tramways,
branches or sidings, bridges, reservoirs, watercourses,
wharves, manufactories, warehouses, electric works,
Shops, stores and other works and conveniences
that may advance the interests of the corporation,
and contribute to, subsidize or otherwise assist or
take part in the construction, improvement, main-
tenance, working, management, carrying out or
control thereof;
15. to raise and assist in raising money for, and aid
by way of bonus, loan, promise, endorsement,
guarantee or otherwise, any person or body cor-
porate and guarantee the performance or fulfilment
of any contracts or obligations of any person or
body corporate, and in particular guarantee the
payment of the principal of and interest on the
debt obligations of any such person or body
corporate ;
16. to draw, make, accept, endorse, discount, execute
and issue bills of exchange, promissory notes, bills
Sec. 14 (2) 1122 business corporations Chap. 54 411
of lading, warrants and other negotiable or trans-
ferable instruments;
17. where authorized to do so by a special resolution
and by such additional authorization as the articles
provide, to sell, lease, exchange or otherwise dispose
of all or substantially all the property of the cor-
poration for such consideration as the corporation
thinks fit ;
18. to sell, improve, manage, develop, exchange, lease,
dispose of, turn to account or otherwise deal with
the property of the corporation in the ordinary
course of its business ;
19. to adopt such means of making known the products
of the corporation as may seem expedient, and
in particular by advertising, by purchase and
exhibition of works of art or interest, by publi-
cation of books and periodicals and by granting
prizes and rewards and making donations ;
20. to cause the corporation to be registered and rec-
ognized in any foreign jurisdiction or any province
or territory of Canada, and designate persons
therein according to the laws of that foreign
jurisdiction or that province or territory of Canada
to represent the corporation and to accept ser-
vice for and on behalf of the corporation of any
process or suit ;
21. to allot and issue fully-paid shares of the corpor-
ation in payment or part payment of any property
purchased or otherwise acquired by the corporation
or for any past services performed for the cor-
poration ;
22. to distribute among the shareholders of the cor-
poration in cash, kind, specie or otherwise as
may be resolved, by way of dividend, bonus or in
any other manner considered advisable, any pro-
perty of the corporation, but not so as to decrease
the capital of the corporation unless the distribution
is made for the purpose of enabling the cor-
poration to be dissolved or the distribution, apart
from this paragraph, would be otherwise lawful;
412 Chap. 54 business corporations Sec. 14 (2) 1123
23. to establish agencies and branches ;
24. to take or hold mortgages, hypothecs, liens and
charges to secure payment of the purchase price, or
of any unpaid balance of the purchase price, of
any part of the property of the corporation of what-
soever kind sold by the corporation, or for any money
due to the corporation from purchasers and others
and to sell or otherwise dispose of any such
mortgage, hypothec, lien or charge;
25. to pay all costs and expenses of or incidental to
the incorporation and organization of the corpora-
tion ;
26. to invest and deal with the moneys of the cor-
poration not immediately required for the objects
of the corporation in such manner as may be
determined ;
27. to do any of the things authorized by this sub-
section and all things authorized by its articles as
principals, agents, contractors, trustees or other-
wise, and either alone or in conjunction with
others ;
28. to do all such other things as are incidental or
conducive to the attainment of the objects and
the exercise of the powers of the corporation,
except that the incidental and ancillary powers of a corporation
incorporated under subsection 3 (2) are limited to those set out in
paragraphs 7, 8, 11, 12, 16, 17, 18, 20, 22 and 25. R.S.O. 1970,
c. 53, s. 15 (2); 1972, c. 138, s. 6.
by'articies ^^^ "^^^ ®^ ^^ powers set out in subsection (2) may be withheld
or limited by the articles.
Power to (4) Every corporation may exercise its powers beyond the
Ontario boundaries of Ontario to the extent to which the laws in
force where the powers are sought to be exercised permit,
and may accept extra-provincial powers and rights. R.S.O.
1970, c. 53, s. 15 (3, 4).
outsfde 1^* — (^) ^° ^^^ ^^ ^ corporation and no transfer of real
powers or personal property to or by a corporation, otherwise law-
Sec. 16 (1) (a) business corporations Chap. 54 413
ful, that is heretofore or hereafter done or made, is invalid
by reason of the fact that the corporation was without
capacity or power to do such act or make or receive such
transfer, but such lack of capacity or power may be asserted,
(a) in a proceeding against the corporation by a share-
holder under subsection (2);
(b) in a proceeding by the corporation, whether acting
directly or through a receiver, liquidator, trustee
or other legal representative or through share-
holders in a representative capacity, against a
director or officer or former director or officer of the
corporation; or
(c) as cause for the cancellation of the certificate of
incorporation of the corporation under section 241.
(2) A shareholder of a corporation may apply to a court ^^"^"^
of competent jurisdiction for an order to restrain the cor-
poration from doing any act or transferring or receiving the
transfer of real or personal property on the ground that
the corporation lacks capacity or power for the purpose, and
the court may, if it considers it to be just and equitable,
grant an order prohibiting the corporation from doing the
act or transferring or receiving the transfer of the real or
personal property, but, where the act or transfer sought to
be restrained or prohibited is being or to be done or made
under a contract to which the corporation is a party,
(a) all the parties to the contract shall be parties to
the proceeding;
(6) the court in granting the order may set aside the
contract and allow the corporation or other parties
to the contract, as the case may be, such com-
pensation as may be equitable for the loss or
damage sustained by any of them from the granting
of the order and setting aside of the contract, other
than anticipated profits from the contract. R.S.O.
1970, c. 53, s. 16.
16. — (1) Except as provided in subsection (2), a corpora- ^[^^^g„
tion shall not, directors.
(a) make loans to any of its shareholders, directors or
employees; or
414 Chap. 54 business corporations Sec. 16 (1) (b)
(b) give, directly or indirectly, by means of a loan,
guarantee, the provision of security or otherwise,
any financial assistance for the purpose of, or in
connection with, a purchase or subscription made or
to be made by any person of any shares of the
corporation. R.S.O. 1970. c. 53, s. 17 (1).
Exceptions (2) A Corporation may,
(a) make loans to any of its shareholders, directors or
employees in the ordinary course of its business
where the making of loans is part of the ordinary
business of the corporation;
(6) make loans to bona fide full-time employees of the
corporation whether or not they are shareholders or
directors, with a view to enabling them to purchase
or erect dwelling houses for their own occupation,
and may take from such employees mortgages or
other security for the repayment of such loans;
(c) provide, in accordance with a scheme for the time
being in force, money by way of loan for the pur-
chase of or subscription for shares of the corpora-
tion by trustees, to be held by or for the benefit of
bona fide employees of the corporation, whether or
not they are shareholders or directors;
{d) make loans to bona fide employees of the corpora-
tion, other than directors, whether or not they are
shareholders, with a view to enabling them to pur-
chase or subscribe for shares of the corporation
to be held by them by way of beneficial owner-
ship; or
{e) if it is not offering its securities to the public, give
directly or indirectly by means of a loan, guarantee,
the provision of security or otherwise, financial
assistance to any of its shareholders or directors
with a view to enabling them to purchase issued
shares of the corporation. R.S.O. 1970, c. 53,
s. 17(2); 1972, c. 138, s. 7.
By special (3) The power mentioned in clause (2) (6), (c) or {d) may be
exercised only under the authority of a special by-law. R.S.O.
1970, c. 53, s. 17 (3).
Sec. 19 (2) BUSINESS CORPORATIONS Chap. 54 415
Contracts
17. — (1) A contract that if entered into by £in individual iii°^rtthw
person would be by law required to be in writing and under under seal
seal may be entered into on behalf of a corporation in
writing under the seal of the corporation.
(2) A contract that if entered into by an individual J^J^^rtttiSl
person would be by law required to be in writing signed by ^jJi*^^®"^
the parties to be charged therewith may be entered into on
behalf of a corporation in writing signed by any person
acting under its authority, express or implied.
(3) A contract that if entered into by an individual g^°^^^
person would be by law valid although made by parol only
and not reduced into writing may be entered into by parol
on behalf of a corporation by any person acting under its
authority, express or implied. R.S.O. 1970, c. 53, s. 18.
18. A corporation may, by writing under seal, empower f°^^ey
any person, either generally or in respect of any specified
matters, to execute, as its attorney and on its behaliin any
place within or outside Ontario, documents to which it is a
party in any capacity and that are required by law to be
under seal, and every document signed by such attorney on
behalf of the corporation acting within the scope of his
authority, express or implied, and under his seal binds the
corporation and has the same effect as if it were under the
seal of the corporation. R.S.O. 1970, c. 53, s. 19.
19.— (1) In this section, Su^"^
(a) "contractor" means a person who enters into a
pre-incorporation contract in the name of or on
behalf of a corporation before its incorporation;
{b) "other party" means a jjerson with whom a con-
tractor enters into a pre-incorporation contract ;
(c) "pre-incorporation contract" means a contract
entered into by a contractor in the name of or on
behalf of a corporation before its incorporation.
(2) A corpMDration may adopt a pre-incorporation con- ^^°f^}°^
tract entered into in its name or on its behaJf, and there- incorpora-
upon the corporation is entitled to the benefits and is subject contract*
416
Chap. 54
BUSINESS CORPORATIONS
Sec. 19 (2)
to the liabiHties that were contracted in its name or on its
behalf and the contractor ceases to be entitled to such
benefits or to be subject to such liabilities.
Non-
adoption of
pre-lncor-
poratlon
contracts
(3) Where a pre-incorporation contract is not adopted
by a corporation, the contractor is entitled to the benefits
and subject to the liabilities under the contract and is entitled
to recover from the corporation the value of any benefit
received by the corporation under the contract.
Application
to court
for relief
(4) Whether or not a pre-incorporation contract is adopted
by the corporation, the other party may apply to the court
which may, notwithstanding subsections (2) and (3), make an
order fixing or apportioning liability as between the con-
tractor and the corporation in any manner the court con-
siders just and equitable under the circumstances. R.S.O.
1970, c. 53, s. 20.
By-laws
By-laws and Resolutions
20. — (1) The directors may pass by-laws not contrary to
this Act or to the articles to regulate,
(a) the allotment and issue of shares, the payment
thereof, the issue of share certificates, and the trans-
fer and the registration of transfers of shares;
{b) the declaration and payment of dividends ;
(c) the qualification and remuneration of the directors;
{d) the time for and the manner of election of directors ;
{e) the appointment, remuneration, functions, duties
and removal of agents, officers and employees of the
corporation and the security, if any, to be given by
them to it ;
(/) the time and place and the notice to be given for
the holding of meetings of shareholders and of the
board of directors, the quorum at meetings of share-
holders, the requirements as to proxies, and the
procedure in all things at shareholders' meetings
and at meetings of the board of directors ;
Sec. 22 (2) BUSINESS CORPORATIONS Chap. 54 417
(g) the conduct in all other particulars of the affairs
of the corporation.
(2) Subject to section 21, a by-law passed under sub- *^°°*™»»"o°
section (1) and a repeal, amendment or re-enactment thereof
is effective from the time of its passing if it is confirmed,
with or without variation, at a general meeting of the share-
holders duly called for that purpose or at the next annual
meeting of the shareholders, whichever is held first.
(3) The shareholders may, at the general meeting or the p°^®jJ^
annual meeting mentioned in subsection (2), confirm, reject, flrmation
amend or otherwise deal with any by-law passed by the
directors and submitted to the meeting for confirmation,
but no act done or right acquired under any such by-law
is prejudicially affected by any such rejection, amendment
or other dealing.
(4) Where a by-law or repeal, amendment or re-enactment Rejection
thereof is not confirmed at a meeting as required by sub-
section (2), it has effect from the time of its passing until the
meeting but not thereafter, and no subsequent by-law,
repeal, amendment or re-enactment of the same or similar
substance has any effect until it is confirmed at a general
meeting of the shareholders duly called for that purpose.
R.S.O. 1970, c. 53, s. 21.
21. — (1) A by-law relating to the remuneration of a ^™^era-
director as director shall fix the remuneration and the period directors
for which it is to be paid.
(2) A by-law passed under subsection (1) is not effective confirma-
until it is confirmed at a general meeting of the shareholders
duly caUed for that purpose. R.S.O. 1970, c. 53, s. 22.
22. — (1) Any by-law or resolution consented to at any ^fj^f<^*^
time during a corporation's existence by the signatures of
all the directors is as valid and effective as if passed at a
meeting of the directors duly called, constituted and held
for that purpose.
(2) Any resolution consented to at any time during a i^«™
corporation's existence by the signatures of all the shareholders
entitled to vote at a meeting of shareholders is as valid
and effective as if passed at a meeting of the shareholders
duly called, constituted and held for that purpose.
418
Alternative
method of
confirming
by-laws
Chap. 54
BUSINESS CORPORATIONS
Sec. 22 (3)
(3) Any by-law or resolution passed by the directors at
any time during a corporation's existence may, in lieu of con-
firmation at a general meeting of shareholders, be confirmed
in writing by all the shareholders entitled to vote at such
meeting. R.S.O. 1970, c. 53, s. 23 (1-3).
Idem
(4) Any by-law, resolution or other action of a cor-
poration that has only one shareholder consented to at
any time during a corporation's existence by the signa-
ture of such shareholder is as valid and effective as if passed
at a meeting of shareholders duly called, constituted and
held for that purpose.
Evidentiary
value of
signatures
(5) Where a by-law, resolution or other action purports
to have been consented to or confirmed under this section
by the signatures of all the directors or shareholders, as
the case may be, of the corporation, the signatures to the
by-law, resolution or other action are admissible in evidence
as prima' facie proof of the signatures of the directors or
shareholders, as the case may be, that they purport to re-
present and are admissible in evidence as prima facie proof
that the signatories to the by-law, resolution or other
action were all the directors or all the shareholders entitled
to vote at meetings of shareholders, as the case may be,
at the date that the by-law, resolution or other action
purports so to have been consented to or confirmed.
1971, c. 26, s. 3.
SHARES
Authorized Capital
A^uthorized 23. — (1) The authorized capital of a corporation shall be
divided into shares with par value or without par value
or both and may consist of shares of more than one class.
Par shares
(2) Where all the shares of a corporation are with par
value, its authorized capital shall be expressed in Canadian
or other currency in its articles, or partly in one currency
and partly in another, and is an amount equal to the total
of the products of the number of shares of each class
multiplied by the par value thereof.
No par
shares
(3) Where all the shares of a corporation are without
par value, its authorized capital shall be expressed in its
articles as a specified number of shares.
Sec. 25 (3) BUSINESS CORPORATIONS Chap. 54 419
(4) Where part of the shares of a corporation are with ^°^*^^
par value and part are without par value, its authorized shares
capital shall be expressed in its articles as a specified
number of shares of each class of shares having a specified
par value and a specified number of shares of each class of
shares without par value. R.S.O. 1970, c. 53, s. 24.
24. Where all the shares of a corporation are without par considera-
1 , /• • , -1 11 tlonforno
value or where part of its shares are with par value and part are par shares
without par value, the articles may provide,
(a) that each share without par value shall not be
issued for a consideration ; or
(b) the shares of each class of shares without par
value shall not be issued for an aggregate con-
sideration,
exceeding in amount or value a stated amount in Canadian
or other currency, and the articles may provide, in addition,
that such share or shares may be issued for such greater
amount as the board of directors of the corporation by
resolution determines. R.S.O, 1970, c. 53, s. 25 (1).
25. — (1) The common shares of a corporation shall be ^^^°°
shares to which there is attached no preference, right,
condition, restriction, limitation or prohibition set out in
the articles of the corporation, other than a restriction
on the allotment, issue or transfer. R.S.O. 1970, c. 53,
s. 26 (1).
(2) Except as provided in subsection 36 (1), where a corporation Classes
has one class of shares, that class shall be common shares and
designated as provided in the articles. R.S.O. 1970, c. 53, s. 26
(2); 1972, c. 138, s. 8 (1).
(3) Except as provided in subsection 36(1), where a corporation idem
has more than one class of shares, one class shall be common
shares, designated as provided in the articles, and the other shares
shall be special shares and may consist of one or more classes of
special shares and shall have attached thereto the designations,
preferences, rights, conditions, restrictions, limitations or pro-
hibitions set out in the articles. R.S.O. 1970, c. 53, s. 26 (3);
1972, c. 138, s. 8(2).
420 Chap. 54 business corporations Sec. 25 (4)
Preference (4) Nq class of Special shares shall be designated as pre-
ference shares or by words of like import, unless that class
has attached thereto a preference or right over the com-
mon shares. R.S.O. 1970, c. 53, s. 26 (4).
sfares^ 26. — (1) Each class of special shares may have attached
to it preferences, rights, conditions, restrictions, limitations
or prohibitions, including but not limited to,
the right to cumulative, non-cumulative or partially
cumulative dividends;
{b) a preference over any other class or classes of shares
as to the payment of dividends ;
(c) a preference over any other class or classes of shares
as to repayment of capital upon the dissolution
of the corporation or otherwise;
{d) the exclusive right to elect part of the board of
directors ;
(e) the right to convert the shares of that class into
shares of another class or classes of shares ;
(/) the right of the corporation at its option to redeem
all or part of the shares of the class or the right of a
shareholder at his option to require the redemption
of all or part of his shares of the class ;
ig) the purchase for cancellation by the corporation
of all or part of the shares of that class by agree-
ment with the holders thereof;
{h) conditions, restrictions, limitations or prohibitions
on the right to vote at meetings of shareholders.
R.S.O. 1970, c. 53, s. 27 (1); 1971, c. 26, s. 5;
1972, c. 138, s. 9.
Valuation (2) Any provision in the articles under clause (1) (c) or (/) shall
set out the method by which the amount to be paid in respect of
each share of the class is to be determined. R.S.O. 1970, c. 53,
s. 27 (2).
Sec. 29 (2) (6) business corporations Chap. 54 421
27. Except as provided in section 28, each share of a JiPshares
class shall be the same in all respects as every other share of a class
of that class. R.S.O. 1970. c. 53, s. 28.
28. — (1) The articles of a corporation may authorize the f^^in
issue from time to time in one or more series of the special ^^^^
shares of a class and may authorize the directors to fix from
time to time before such issue the designation, preferences,
rights, conditions, restrictions, limitations or prohibitions
attaching to the shares of each series of the class.
(2) The shares of all series of the same class of special y°^°^
shares shall carry the same voting rights or the same re-
strictions, conditions, limitations or prohibitions on the
right to vote.
(3) Where any dividends or amounts payable on a ^°^^
repayment of capital are not paid in full, the shares of all abatement
series of the same class of special shares shall participate
rateably in respect of such dividends, including accumu-
lations, if any, in accordance with the sums that would be
payable on such shares if all such dividends were declared
and paid in full, and on any repayment of capital in
accordance with the sums that would be payable on such
repayment of capital if all sums so payable were paid in
full. R.S.O. 1970, c. 53, s. 29.
29. — (1) The articles may set forth the designation, pre- ^r°fljlt°°
ferences, rights, conditions, restrictions, limitations and series in
&I*l1c16S
prohibitions attaching to the first series to be issued in
which case the special shares of the first series may be
issued in accordance with the articles.
(2) A series, other than one to which subsection (1) applies, shall ^fg'^Qe°'"
not be issued until, of series
(a) the directors have by resolution fixed the designa-
tion, preferences, rights, conditions, restrictions,
limitations and prohibitions attaching to the special
shares of the series ; and
ib) the statement referred to in section 30 has been
filed with the Minister and the certificate of the
422
Chap. 54
BUSINESS CORPORATIONS
Sec; 29 (2) (b)
Minister has been issued under section 30. R.S.O.
1970, c. 53, s. 30.
Filing of
statement
30. — (1) For the purpose of bringing a resolution passed
by the directors under subsection 29 (2) into effect, the corporation
shall deliver to the Minister, within six months after the resolution
has been passed, a statement in duplicate executed under the seal
of the corporation and signed by two officers, or by one director
and one officer, of the corporation setting out,
Issuance of
certificate
(a) the name of the corporation ;
(b) a certified copy of the resolution;
(c) that the resolution was duly passed by the directors ;
(d) the date of the passing of the resolution ; and
{e) that the conditions, if any, contained in the articles
or in any prior resolution precedent to the creation
and issue of the shares of the series have been
complied with.
(2) Upon receiving duplicate original statements executed
in accordance with this Act and the prescribed fee, the
Minister shall,
{a) endorse on each of the duplicate original statements
a certificate setting out the day, month and year of
endorsement and the corporation number;
(6) file one of the duplicate originals in his office ; and
(c) return to the corporation or its agents the other
duplicate original.
Effect of
certificate
(3) Upon the date set out in the certificate endorsed in accord-
ance with subsection (2), the resolution referred to in subsection 29
(2) becomes effective and constitutes an amendment to the
articles. 1979, c. 36, s. 11.
Issued Capital
Issued
capital :
par value
shares
31. — (1) Where all the shares of a corporation are with
par value, its issued capital share be expressed in Canadian
Sec. 33 (1) BUSINESS CORPORATIONS Chap. 54 423
or other currency, or partly in one currency and partly in
another, and is an amount equal to the total of the products
of the number of issued shares of each class multiplied by the
par value thereof less such decreases in the issued capital
as from time to time have been effected by the cor-
poration in accordance with this Act.
(2) Where the shares of a corporation are without par ^^^^^J^®
value or where part of its shares are with par value and part
are without par value, its issued capital shall be expressed
in Canadian or other currency, or partly in one currency
and partly in another, and is an amount equal to the total
of the products of the number of issued shares of each
class with par value multiplied by the par value thereof,
together with the amount of the consideration for which
the shares without par value from time to time outstanding
were issued and together with such amounts as from time
to time by by-law of the corporation may be trans-
ferred thereto and less such decreases in the issued capital
as from time to time have been effected by the corporation
in accordance with this Act. R.S.O. 1970, c. 53, s. 32.
32. — (1) Where an issued share of a class with par value ^i^^(^*'
is cancelled, the issued capital is decreased by an amount par share
equal to the par value of the shares of that class.
(2) Where an issued share of a class without par value ^yJ^J^
is cancelled, the issued capital is decreased by an amount
equal to the amount obtained by dividing,
by
(a) that part of the issued capital attributable to that
class of shares in accordance with subsection 31 (2);
(b) the number of issued shares of that class.
(3) Where a fraction of an issued share of a class is ofS^*°°
cancelled, the issued capital is decreased by an amount that
bears the same proportion to the amount determined under
subsection (1) or (2), as the case may be, that the fraction
bears to a whole share of that class. R.S.O. 1970, c. 53, s. 33.
Redemption, Purchase, Conversion and Surrender
33. — (1) Where the shares of a class of special shares are ^^^^°°
made redeemable at the option of the corporation by the shares
424 Chap. 54 business corporations Sec. 33 (1)
articles and part only of the special shares are to be
redeemed, the shares to be redeemed shall be selected,
(a) by lot in such manner as the board of directors
determines ;
(6) as nearly as may be in proportion to the number
of special shares of the class registered in the
name of each shareholder ; or
(c) in such other manner as the board of directors
determines with the consent of the holders of
special shares of the class obtained in the manner
set out in subsection (2),
but the articles may confine the manner of selection to
one or more of those methods set out in clauses (a), (b) and
(c). 1971, c. 26, s. 6; 1972, c. 138, s. 10.
Mem (2) Where shares of a class of special shares are selected
in the manner referred to in clause (1) (c), the selection shall
be consented to in writing by.
(a) all the holders of the special shares of the class; or
(b) at least 95 per cent of the holders of the special
shares of the class holding at least 95 per cent of
the issued shares of that class if, after twenty-
one days notice has been given by sending notice to
each of the holders of shares of that class addressed
to him at his latest address as shown on the
records of the corporation, none of the holders of
shares of that class dissents in writing to the
corporation.
Mem (3) Where a holder of redeemable special shares of a
corporation that is not offering its securities to the public
dies or leaves its employment, notwithstanding subsection
(1), it may within one year of such event redeem all or any
of the special shares held by him. R.S.O. 1970, c. 53,
s. 34 (2, 3).
Purchase 34. — (1) Where the shares of a class of special shares
of special
shares for are made purchasable for cancellation by the articles, then,
cancellation
Sec. 35 (3) BUSINESS corporations Chap. 54 425
(a) the shares shall be purchased at the lowest price
at which, in the opinion of the directors, the shares
are obtainable, but not exceeding an amount stated in
or determined by the articles ; and
(b) the shares shall be purchased either,
(i) on the open market,
(ii) with the consent of all the holders of the
shares of the class, or
(iii) pursuant to tenders received by the cor-
poration upon request for tenders addressed
to all the holders of the shares of the class
and the corporation shall accept only the
lowest tenders,
but the articles may confine the manner of pur-
chase to one or more of those set out in subclauses
(i), (ii) and (iii). 1971, c. 26, s. 7.
(2) Where, in response to the invitation for tenders, Mem
two or more shareholders submit tenders at the same price
and the tenders are accepted by the corporation as to part
only of the shares offered, the corporation shall accept part
of the shares offered in each tender in proportion as nearly
as may be to the total number of shares offered in each
tender. R.S.O. 1970, c. 53, s. 35 (2).
35. — (1) The articles of a corporation shall not provide conversion:
., ,. 1-1 of par
for the conversion of shares with par value into shares with shares to
par value if the aggregate par value of the shares being con-
verted is not equal to the aggregate par value of the shares
into which they are converted.
(2) Where, in accordance with the articles, shares with par shares
\ ' ' to no par
par value are converted into shares without par value, the shares
issued capital of the corporation attributable to the shares
resulting from the conversion shall be equal to the aggre-
gate par value of the shares converted.
(3) Where the articles provide for the conversion of shares g^sS^to
without par value into shares with par value, no such share par shares
shall be converted unless that part of the issued capital
426
Chap. 54
BUSINESS CORPORATIONS
Sec. 35 (3)
attributable to the shares being converted is equal to the
aggregate par value of the shares resulting from the
conversion.
no par
shares to
no par
Bhares
(4) Where, in accordance with the articles, shares without
par value are converted into shares without par value, the
issued capital shall remain unchanged.
of special
shares
(5) Where special shares of a class are converted into the
same or another number of shares of another class or
classes, whether special or common, the shares converted
thereupon become the same in all respects as the shares
of the class or classes respectively into which they are
converted, and the number of shares of each class affected
by the conversion is changed and the articles are amended
accordingly. R.S.O. 1970, c. 53, s. 36.
Mutual
fund shares
36. — (1) Where the only undertaking of a corporation is
the business of investing the funds of the corporation, its
articles may provide for the issuing of one or more classes
of special shares that are mutual fund shares and fractions
or parts thereof that have attached thereto conditions
requiring the corporation to accept, at the demand of the
holder thereof and at prices determined and payable in
accordance with the conditions, the surrender of the shares, or
fractions or parts thereof, and where a corporation to which
this section applies has one or more classes of mutual fund
shares of which one class has attached thereto no con-
ditions, restrictions, limitations or prohibitions on the right
to vote, the corporation is not required to have any other
class of shares. 1972, c. 138, s. 11.
Conditions
and price
(2) Articles that provide for the issuing of mutual fund
shares shall set out the conditions governing.
{a) the surrender of mutual fund shares or any fractions
or parts thereof; and
{b) the determination of the price to be paid therefor
and the manner and time of payment thereof.
R.S.O. 1970, c. 53, s. 37 (2).
purcha8?or°' ^'^ ' — ^^^ ^ corporation shall not redeem or purchase
surrender special shares or accept mutual fund shares for surrender
insolvent if the corporation is insolvent or if the redemption, pur-
chase or surrender would render the corporation insolvent.
Sec. 38 (6) BUSINESS CORPORATIONS Chap. 54 427
(2) Special shares that are redeemed or purchased by a Cancellation
corporation are thereby cancelled, and the authorized and redemption,
DUXC1IAS6 or
issued capital of the corporation are thereby decreased and surrender
the articles are amended accordingly. R.S.O. 1970, c. 53,
s. 3S (1, 2).
38. — (1) A corporation may purchase any of its issued ^^^®°'
shares if the purchase is made for the purpose of eliminating shares
fractions of shares or for the purpose of collecting or com-
promising indebtedness to the corporation.
(2) Where authorized in its articles, and subject to any wem
restrictions contained therein, a corporation may purchase
any of its issued common shares.
(3) A corporation shall not purchase shares under this i^^®™
section if the corporation is insolvent or if the purchase
would render the corporation insolvent.
(4) No purchase of shares shall be made under this section Mem
by a corporation unless the purchase is authorized by a
resolution of the board of directors.
(5) Where a corporation purchases shares under subsection 5^^°'
(2), the purchase shall be made at the lowest price at which,
in the opinion of the directors, such shares are obtainable,
and.
(a) pursuant to tenders received by the corporation
upon request for tenders addressed to all the
holders of the shares of the class and the cor-
poration shall accept only the lowest tenders; or
{b) from bona fide full-time employees and former
employees of the corporation ; or
(c) where the shares to be purchased are of a body
corporate that is offering its shares to the public,
by purchase on the open market.
(6) Where, in response to the invitation for tenders, two wem
or more shareholders submit tenders at the same price
and the tenders are accepted by the corporation as to part
428 Chap. 54 business corporations Sec. 38 (6)
only of the shares offered, the corporation shall accept
part of the shares offered in each tender in proportion as-
nearly as may be to the total number of shares offered in
each tender. 1972, c. 138, s. 13.
onDurchase" ^^* — ^^^ Shares or fractions thereof purchased under subsec-
tion 38 (1) are thereby cancelled and the authorized and issued
capital are thereby decreased and the articles are amended
accordingly.
Cancellation (2) Where its issued common shares are purchased by a cor-
poration under subsection 38 (2), where mutual fund shares are
accepted for surrender by a corporation under section 36, where a
corporation accepts the donation of any of its shares under section
41, or where a corporation purchases the shares of a dissenting
shareholder under section 98,
{a) if the articles so require, the shares shall be can-
celled and thereupon the authorized and issued
capital of the corporation are thereby decreased,
and the articles are amended accordingly;
(6) if the articles do not require the shares to be
cancelled.
(i) the board of directors may cancel the shares
at such time as it determines, in which case
the authorized and issued capital of the
corporation are thereby decreased and the
articles are amended accordingly, or
(ii) the board of directors may resell the shares
at such time and price and on such terms as it
determines. 1972, c. 138, s. 14, part.
Performance 40. An agreement for the purchase by a corporation of its
to purchTle'^* shares under section 38 is not invalid or unenforceable because of
the possibility that the corporation may not be able to comply with
section 38, but such agreement is.
shares
(a) subject to subsection 133 (2), valid if performed; and
Sec. 43 (1) BUSINESS CORPORATIONS Chap. 54 429
(6) if not performed, valid and enforceable to the
extent the corporation is able to purchase its
shares at the time for performance. 1972, c. 138,
s. 14, part.
4 1 . A corporation may accept from any shareholder a dona- o f°8^^^
tion of any of its shares without any repayment of capital in respect
thereof. R.S.O. 1970, c. 53, s. 43 (1).
Allotment, Issue and Transfer
42. — (1) In the absence of a provision to the contrary ^^®°f
in the articles or by-laws of the corporation, shares may be
allotted and issued at such times and in such manner and
to such persons or class of persons as the directors determine.
(2) Shares with par value shall not be allotted or issued ponsidera-
c -1 ■ , ,1 1 tionfor
except for a consideration at least equal to the product par shares
of the number of shares allotted or issued multiplied by
the par value thereof.
(3) Subject to section 24, shares without par value shall tkm^forn*'
not be allotted or issued except for such consideration as par shares
is fixed by the directors.
(4) No share shall be issued until it is fully paid and a f^ares^**
share is not fully paid until all the consideration therefor
in cash, prof)erty or services, as determined under this
section, has been received by the corporation. R.S.O.
1970, c. 53. s. 44 (1-4).
(5) For the purposes of subsection (4) and paragraph 2 1 of w®™
subsection 14 (2), a document evidencing indebtedness of the
allottee does not constitute property, and services shall be past
services actually performed for the corporation, and the value of
property or services shall be the value the directors determine by
express resolution to be in all the circumstances of the transaction
the fair equivalent of the cash value. 1971, c. 26, s. 10.
43. — (1) A corporation may provide by special by-law for conmijssion
the payment of commissions or allowing discounts to persons of shares
in consideration of their subscribing or agreeing to subscribe,
whether absolutely or conditionally, for shares in the cor-
f)oration, or procuring or agreeing to procure subscriptions,
430
Chap. 54
BUSINESS CORPORATIONS
Sec. 43 (1)
whether absolute or conditional, for such shares, but, except in
the case of a corporation that carries on as its principal
business the business of exploring for minerals, gas or oil
or of operating a producing mining, gas or oil property
owned and controlled by it or a corporation at least 75
per cent of whose assets are of a wasting character, no such
commission or discount shall exceed 25 per cent of the
amount of the subscription price. 1971, c. 26, s. 11.
unauthorized ^^^ Except as provided in subsection (1), no corporation
commissions shall apply any of its shares or capital, either directly or
indirectly, in payment of any commission, discount or al-
lowance to any person in consideration of his subscribing or
agreeing to subscribe, whether absolutely or conditionally,
for shares of the corporation or procuring or agreeing to
procure subscriptions, whether absolute or conditional, for
such shares, whether the shares or capital is so applied by
being added to the purchase money of any property acquired
by the corporation or to the contract price of any work to be
executed for the corporation, or is paid out of the nominal
purchase money or contract price or otherwise. R.S.O. 1970,
c. 53, s. 45 (2).
perao^nai ^'^' ^^^ shares of a corporation are personal property.
property R.S.O. 1970, C. 53, S. 46.
ontransfe?^ 45. — (1) A corporation shall not impose restrictions on
the transfer of shares except such restrictions as are
authorized by the articles.
offer'if^*^ (2) A corporation that has imposed restrictions on the
restri^ct^ed transfer of its shares shall not offer its shares to the public
unless the restrictions are necessary,
{a) by or under any Act of Canada or Ontario as a
condition to the obtaining, holding or renewal of
authority to engage in any activity necessary to its
undertaking; or
{b) for the purpose of achieving or preserving its status
as a Canadian corporation for the purpose of any
Act of Canada or Ontario.
hidebtedness ^^^ Except in the case of shares listed on a stock
exchange recognized by the Commission, where the articles
or by-laws so provide the corporation has a lien to the
extent of the debt on the shares registered in the name of
a shareholder who is indebted to the corporation. R.S.O.
1970, c. 53. s. 47.
Sec. 48 BUSINESS CORPORATIONS Chap. 54 431
46. — (1) Except in the cases mentioned in this section,' subsidiaries
a corporation shall not be a shareholder of a body cor- shares of
porate that is its holding body corporate, and any allotment bodies*
or transfer of shares of a corporation to its subsidiary js^^^^^'"*'^
void.
(2) This section does not apply to a subsidiary holding ^pp^*°*"o°
shares as personal representative unless the holding body
corporate or a subsidiary thereof is beneficially interested
under a trust and is not so interested only by way of
security for the purposes of a transaction entered into by it
in the ordinary course of a business that includes the lending
of money.
(3) This section does not prevent a subsidiary that on^*^®P*^°°
the 30th day of April, 1954, held shares of its holding body
corporate from continuing to hold such shares, but, subject
to subsection (2), the subsidiary has no right to vote at
meetings of shareholders of the holding body corporate or
at meetings of any class of shareholders thereof.
(4) Subject to subsection (2), subsections (1) and (3) apply Nominees
in relation to a nominee for a corporation that is a sub-
sidiary as if the references in subsections (1) and (3) to such
a corporation included references to a nominee for it. 1971,
c. 26, s. 12.
Share Certificates
47. — (1) Every shareholder is entitled to a share certificate sh^are^^^
in respect of the shares held by him, signed by the prof)er
officers in accordance with the corporation's by-laws in
that regard, but the corporation is not bound to issue more
than one share certificate in respect of a share or shares
held jointly by several persons, and delivery of a share
certificate to one of several joint shareholders is sufficient
delivery to all.
(2) A corporation may charge a fee of not more thankee
$1 for every share certificate issued, except that, in the case
of the allotment and issue of shares, no fee shall be
charged. R.S.O. 1970, c. 53. s. 49.
48. A share certificate shall be signed manually by at least si|ning
one officer of the corporation or by or on behalf of a trans- certificates
fer agent or branch transfer agent of the corporation, and the
corporation may by by-law provide that any additional
signatures required on share certificates may be printed,
engraved, lithographed or otherwise mechanically repro-
432
Chap. 54
BUSINESS CORPORATIONS
Sec. 48
Contents
of share
certificates
duced thereon, and in such event share certificates so
signed are as valid as if they had been signed manually.
R.S.O. 1970, c. 53, s. 50.
49. — (1) Every share certificate shall state upon its face,
(a) the name of the corporation and the words "In-
corporated under the law of the Province of
Ontario" or words of like effect;
(b) the name of the person to whom the share is issued
as holder ; and
(c) the number and class of shares represented thereby
and whether the shares are with par value or
without par value and, if with par value, the par
value thereof.
on*^are°*^ (2) A share certificate issued for a share of a class of
certificates special shares shall,
{a) legibly state on the certificate or have attached
thereto a legible statement of the preferences,
rights, conditions, restrictions, prohibitions or limita-
tions attaching to that class of shares; or
{b) legibly state on the certificate that there are pref-
erences, rights, conditions, restrictions, prohibitions
or limitations attaching to that class and that a
copy of the full text thereof is obtainable on
demand and without fee from the corporation.
Production (3) Where a share certificate contains a statement as provided
preferences, in clause (2) (6), the Corporation shall furnish to the shareholder
on demand without fee a copy of the full text of the preferences,
rights, conditions, restrictions, prohibitions and limitations
attaching to the share.
Lien on
shares
(4) Where the articles or by-laws provide that a corporation has
a lien on shares as authorized by subsection 45 (3), the right of the
corporation to the lien shall be noted conspicuously on every share
certificate issued by the corporation. R.S.O. 1970, c. 53, s. 51
(1-4).
Transfer (5) A share certificate issued for one or more shares the
restricted ^ ' ...
transfer of which is restricted in accordance* with the articles
shall.
Sec. 51 (2) (a) business corporations Chap. 54 433
{a) legibly state on the certificate or have attached
thereto a legible statement of the restrictions on
the right to transfer the shares; or
{b) legibly state on the certificate that there are re-
strictions on the right to transfer the shares and
that a copy of the full text thereof is obtainable on
demand and without fee from the corporation.
(6) Where a share certificate contains a statement as pro-wem
vided in clause (5) (b), the corporation shall furnish to the share-
holder on demand without fee a copy of the full text of the
restrictions on the right to transfer the shares. 1971, c. 26, s. 13.
50. Where, as a result of a change in the authorized: Fractional
capital of a corporation, a person becomes entitled to a
fraction of a share, he is not entitled to be registered on the
records of the corporation in respect thereof or to receive a
share certificate therefor, but he is entitled to receive a
bearer fractional certificate in respect of such fraction, and,
on presentation at the head office of the corporation or at
a place designated by the corporation of bearer fractional
certificates for fractions that together represent a whole
share, a share certificate for a whole share shall be issued in
exchange therefor, and sections 61 to 95 apply thereto.
R.S.O. 1970, c. 53, s. 52.
BORROWING
51. — (1) When authorized by special by-law, the directors J°^^o^i°^
may,
{a) borrow money on the credit of the corporation; or
(b) issue, sell or pledge debt obligations of the corpora-
tion; or
(c) charge, mortgage, hypothecate or pledge all or
any currently owned or subsequently acquired real
or personal, movable or immovable property of the
corporation, including book debts, rights, powers,
franchises and undertaking, to secure any debt
obligations or any money borrowed, or other debt
or liability of the corporation.
(2) Any by-law referred to in subsection (1) may, nf°hv!iaw
of by-law
(a) limit the amount to be borrowed as determined
by the by-law; and
434
Chap. 54
BUSINESS CORPORATIONS
Sec. 51 (2) (6)
{b) provide for the delegation by the directors of the
powers conferred on them under the by-law to such
directors or officers of the corporation and to such
extent and manner as is set out in the by-law.
R.S.O. 1970, c. 53, s. 53.
?bfig1itfons ^2. Nothing in this Act prohibits the issue of debt
obligations in bearer form. R.S.O. 1970, c. 53, s. 54.
Irredeem-
able debt
obligration
53. A condition contained in a debt obligation or in an
instrument for securing a debt obligation is not invalid by
reason only that the debt obligation is thereby made
irredeemable or redeemable only on the happening of a
contingency, however remote, or on the expiration of a
period, however long. R.S.O. 1970, c. 53, s. 55.
Filing debt
obligations
54. — (1) Where a corporation makes a charge, mortgage
or other instrument of hypothecation or pledge to secure
its debt obligations, the corporation shall, forthwith after
the making thereof, file a duplicate original or certified copy
of the instrument in the office of the Minister, but such
filing may be made by any interested person.
Recovery
of fee
(2) Where the filing is by an interested person under
subsection (1), that person is entitled to recover from the cor-
poration the amount of any prescribed fee paid by him
on such filing. R.S.O. 1970, c. 53, s. 56 (1, 2).
Exception (3^ Subsection (1) does not apply to an instrument filed
or registered under any other Act. 1971, c. 26, s. 14.
Interpre-
tation
Indenture Trustees
55. — (1) In this section and in sections 56 to 60,
(a) "trust indenture" means any deed, indenture or
document howsoever designated, including any sup-
plement or amendment thereto, by the terms of
which a body corporate issues or guarantees debt
obligations and in which a trustee is appointed as
trustee for the holders of the debt obligations issued
or guaranteed thereunder;
(b) "trustee" means any jjerson appointed as trustee
under the terms of a trust indenture, whether or not
the person is a trust company authorized to carry
on business in Ontario;
(c) "event of default" means any event specified in
a trust indenture on the occurrence of which,
Sec. 57 BUSINESS corporations Chap. 54 435
(i) the security interest, if any, constituted by the
trust indenture shall become enforceable, or
(ii) the principal, interest and other moneys
payable thereunder shall become or may be
declared to be payable prior to maturity,
provided that any such event shall not be an event
of default unless all conditions prescribed by the
trust indenture in connection with such event for
the giving of notice or the lapse of time or otherwise
has been satisfied. 1972, c. 138, s. 16, part.
(2) This section and sections 56 to 60 apply to a trust indenture, Y^''T6^to 6o
whether entered into before or after the date on which this Act
comes into force, if, in respect of any of the debt obligations
outstanding or guaranteed thereunder or to be issued or guaran-
teed thereunder, a prospectus or securities exchange take-over bid
circular has been filed under the 5ecwn7ie5/lcf, or any predecessor ^^.^ ^^^'
thereof or in respect of which a prospectus has been filed under The
Corporations Information Act, being chapter 72 of the Revised
Statutes of Ontario, 1960, or any predecessor thereof. 1972,
c. 138, s. 16, part; 1978, c. 49, s. 3.
(3) The person appointed as trustee under a trust inden- SS?ee°*^
ture, or at least one of such persons if more than one is so
appointed, shall be resident or authorized to do business in
Ontario. 1972, c. 138, s. 16, part.
56. — (1) In the exercise of the rights and duties pre- ^g^^/g
scribed or conferred by the terms of a trust indenture, a
trustee shall exercise that degree of care, diligence and skill
that a reasonably prudent trustee would exercise in com-
parable circumstances.
(2) The provisions of this section apply notwithstanding ^^^^^^"^
any provision in a trust indenture, including any provision
relieving or purporting to relieve a trustee from liability for
his own negligent action or failure to act or his own wilful
misconduct. 1972, c. 138, s. 17, part.
57. A person shall not be appointed a trustee under aJ]o^^*o'
trust indenture if a material conflict of interest exists in
the trustee's role as a fiduciary thereunder at the time of
such appointment, but if, notwithstanding the provisions
of this section, such a material conflict of interest exists,
the validity and enforceability of the said trust indenture,
the security interest created thereby and thereunder and
the securities issued thereunder shall not be affected in any
manner whatsoever by reason only that such material conflict
436
Chap. 54
BUSINESS CORPORATIONS
Sec. 57
Evidence of
compliance
of interest exists but such trustee shall, within ninety days
after ascertaining that he has such material conflict of
interest, either eliminate such material conflict of interest or
resign from office, and where a material conflict of interest
arises subsequently to the appointment of the trustee under
a trust indenture, the trustee shall, within ninety days
after ascertaining that he has such material conflict of
interest, either eliminate such material conflict of interest or
resign from office. 1972, c. 138, s. 17, part.
58. — (1) The issuer or guarantor of debt obligations
issued or to be issued under a trust indenture shall furnish
to the trustee evidence of compliance with the conditions
precedent provided for in the trust indenture relating to,
(a) the certification and delivery of debt obligations
under the trust indenture;
{b) the release or release and substitution of prop-
erty subject to any mortgage, charge, lien or other
encumbrance created by the trust indenture;
(c) the satisfaction and discharge of the trust indenture ;
or
{d) the taking of any other action to be taken by the
trustee at the request of or on the application of the
issuer or guarantor.
Idem
(2) The evidence of compliance required under subsection
(1) shall consist of.
{a) a statutory declaration or a certificate made by
any officer of the issuer or guarantor stating that
such conditions precedent have been complied with
in accordance with the terms of the trust indenture ;
[h) in the case of conditions precedent compliance
with which are, by the trust indenture, made sub-
ject to review or examination by a solicitor, an
opinion of a solicitor that such conditions precedent
have been complied with in accordance with the
terms of the trust indenture; and
(c) in the case of conditions precedent compliance with
which are, by the trust indenture, made subject
to review or examination by auditors or account-
ants, an opinion or report of the auditor of the
issuer or guarantor or any accountant licensed under
Sec. 58 (5) BUSINESS CORPORATIONS Chap. 54 437
the Public Accountancy Act or comparable legis- ^■^■^- *'*°'
lation of the jurisdiction in which such accountant
practises, in each case approved by the trustee, that
such conditions precedent have been comphed with
in accordance with the terms of the trust in-
denture.
(3) The evidence of compliance required under subsection wem
(1) shall include,
{a) a statement by the person giving the evidence
that he has read and is familiar with those pro-
visions of the trust indenture relating to the con-
ditions precedent with respect to compliance with
which such evidence is being given ;
{b) a brief statement of the nature and scope of the
examination or investigation upon which the state-
ments or opinions contained in such evidence are
based ;
(c) a statement that, in the belief of the person
giving such evidence, he has made such examina-
tion or investigation as is necessary to enable him
to make the statements or give the opinions con-
tained or expressed therein ; and
{d) a statement whether in the opinion of such person
the conditions precedent with respect to compliance
with which such evidence is being given have
been complied with or satisfied.
(4) The issuer or guarantor of debt obligations under p^^^J^** °^
the trust indenture shall furnish the trustee annually, and gruarantor
at any other reasonable time if the trustee so requires, its
certificate that the issuer or guarantor has complied with all
covenants, conditions or other requirements contained in
the trust indenture, the non-compliance with which would,
with the giving of notice or the lapse of time, or both, or
otherwise, constitute an event of default thereunder, or if
such is not the case, specifying the covenant, condition or
other requirement that has not been complied with and giving
particulars of such non-compliance.
(5) The issuer or guarantor of debt obligations under ^^^^^°l
the trust indenture shall, whenever the trustee so requires,
furnish the trustee with evidence by way of statutory
declaration, opinion, report or certificate as specified by the
trustee as to any action or step required or permitted to be
taken by the issuer or guarantor under the trust indenture or
as a result of any obligation imposed by the trust indenture.
438
Chap. 54
BUSINESS CORPORATIONS
Sec. 58 (6)
opinions °° (6) In the exercise of his rights and duties, the trustee
may, if he is acting in good faith, rely, as to the truth of
the statements and the accuracy of the opinions expressed
therein, upon a statutory declaration, opinion, report or
certificate furnished to the trustee under this section or a
provision of the trust indenture or at the request of the trustee
where,
(a) in the case of a statutory declaration, opinion, report
or certificate furnished under this section, the
trustee exarnines the same and determines that it
complies with the applicable requirements, if any,
of this section ; or
(6) in the case of a statutory declaration, opinion,
report or certificate furnished pursuant to a provision
of the trust indenture or at the request of the trustee,
the trustee examines the same and determines that
it complies with the applicable requirements, if
any, of the trust indenture. 1972, c. 138, s. 17, pari.
Trustee
not to be
receiver
59. A trustee under a trust indenture and any related
person to such trustee shall not be appointed a receiver
or receiver and manager or liquidator of the assets or
undertaking of the issuer or guarantor of the debt obliga-
tions under the trust indenture. 1972, c. 138, s. 17, part.
events of ^^- ^^^ trustee shall be required to give to the holders
default of debt obligations issued under the trust indenture, within
a reasonable time but not exceeding thirty days after the
trustee becomes aware of the occurrence thereof, notice of
every event of default arising under the trust indenture and
continuing at the time the notice is given, unless the trustee
in good faith determines that the withholding of such notice
is in the best interests of the holders of the debt obligations
and so advises the issuer in writing. 1972, c. 138, s. 17, part.
INVESTMENT SECURITIES
Interpre-
tation
General
61. — (1) In this section and in sections 62 to 95,
(a) "adverse claim" includes a claim that a transfer is
or would be unauthorized or wrongful or that a
particular adverse person is the owner of or has an
interest in the security;
(b) "appropriate person", when used to refer to a per-
son endorsing a security, means.
Sec. 61 (1) (e) business corporations Chap. 54 439
(i) the person specified by the security or by
special endorsement to be entitled to the
security,
(ii) where the person so specified is described as
a trustee or other fiduciary but is no longer
serving in that capacity and notwithstand-
ing that a successor has been appointed or
qualified,
a. where only one person is so described,
that person or his successor, or
b. where more than one p)erson is so
described, the remaining persons,
(iii) where the person so specified is an individual
and is without capacity to act by virtue of
death, incompetence, minority or otherwise,
his executor, administrator, committee,
guardian or like fiduciary,
(iv) where the security or endorsement specified
more than one person as joint tenants or
with right of survivorship and by reason of
death, incompetence, minority or otherwise,
vivors,
(v) a person having the power to sign under the
applicable law or controlling instrument, or
(vi) to the extent any of the foregoing persons
may act through an agent, his authorized
agent ;
(c) "bearer form" when applied to a security means a
security that runs to bearer according to its
terms and not by reason of any endorsement ;
(d) "broker" means a person engaged for all or part of
his time in the business of buying and selling
securities, who holds registration as a broker or in a
similar capacity under the Securities Act, or whoisrec-R so. i980,
ognized for the purpose of sections 62 to 95 by the
Commission as a broker, and who in the transaction
concerned acts for or buys a security from or sells a
security to a customer;
(e) "clearing corporation" means a body corporate
recognized as a clearing corporation by the Com-
mission ;
440
Chap. 54
BUSINESS CORPORATIONS SeC. 61 (1) (/)
1980-81,
c. 40 (Can.)
R.S.O. 1980,
c. 249
(/) "custodian" means a bank to which the Bank Act
(Canada) applies, a trust company registered under
the Loan and Trust Corporations Act or such other
body corporate as may be recognized by the Com-
mission as a custodian and that is acting as custodian
for a clearing corporation ;
(g) "genuine" means free from forgery or counter-
feiting;
{h) "noted conspicuously" and "appearing conspicu-
ously" means written in such a way that the person
against whom words so noted or appearing are to
operate ought reasonably to notice them ;
(i) "proper form" means regular on its face with regard
to all formal matters;
{j) "registered form" when applied to a security means
a security that is not in bearer form and that specifies
a person entitled to the security or the rights it
evidences ;
{k) "security" means a document that evidences a
security or that is a warrant;
(/) "unauthorized", when used with reference to a
signature or endorsement, means one made without
actual, implied or apparent authority and includes
a forgery. R.S.O. 1970, c. 53, s. 63 (1); 1971, c. 26,
s. 16; 1972, c. 138, s. 18; 1978, c. 49, s. 4.
Application (2) Sections 62 to 95 do not apply to a promissory note
R s c 1970 or bill of exchange to which the Bills of Exchange Act (Canada)
c B-s ' applies. R.S.O. 1970, c. 53, s. 63 (2).
Issuer's
liens
62. A lien upon a security in favour of an issuer thereof
is valid against a purchaser only if the right of the issuer to
such lien is noted conspicuously on the security. R.S.O. 1970,
c. 53, s. 64.
Overissue ^3^ — ^j^ jjj ^jjjg section, "overissue" means the is.sue of
securities in excess of the amount which the issuer has
corporate power to issue.
Idem
(2) The provisions of this Act that validate a security
or compel its issue or reissue do not apply to the extent
that validation, issue or reissue would result in overissue,
but,
Sec. 65 (2) BUSINESS CORPORATIONS Chap. 54 441
(a) if an identical security that does not constitute an
overissue is reasonably available for purchase, the
person entitled to issue or validation may compel
the issuer to purchase and deliver such a security
to him against surrender of the security, if any, that
he holds ; or
(6) if a security is not so available for purchase, the
person entitled to issue or validation may recover
from the issuer the price he or the last purchaser
for value paid for it with interest from the date of
his demand. R.S.O. 1970. c. 53, s. 65.
64. In any action on a security, Evidence
{a) imless specifically denied in the pleadings, each
signature on the security or in a necessary endorse-
ment is admitted ;
(b) where the effectiveness of a signature is put in issue,
the burden of establishing its effectiveness is on
the party claiming under the signature, but the
signature is prima facie proof that it is genuine
and authorized ;
(c) where signatures are admitted or established, produc-
tion of the instrument entitles a holder to recover
on it unless the defendant establishes a defence or
a defect going to the validity of the security; and
{d) after it is shown that a defence or defect exists, the
plaintiff has the burden of establishing that he or
some person under whom he claims is a person against
whom the defence or defect is ineffective. R.S.O.
1970, c. 53, s. 66.
65. — (1) The vaHdity of a security and the rights andseiecuon
duties with respect to registration of transfer of an issuer that
is a corporation or a body corporate incorporated under
the laws of Ontario are governed by this Act and the laws
of Ontario.
(2) The validity of a security and the rights and duties Mem
with respect to registration of transfer of an issuer that is
a body corporate other than a corporation or a body cor-
porate incorporated under the laws of Ontario, are governed
by the law, including the conflict of law rules, of the jurisdic-
tion in which the body corporate was incorporated. R.S.O.
1970, c. 53, s. 67.
442 Chap. 54 business corporations Sec. 66 (1)
franafer ®^* — ^^) Unless Otherwise agreed and subject to any
applicable law or regulation respecting short sales, a person
obligated to deliver securities may deliver any security of the
specified issue in bearer form or registered in the name of the
transferee or endorsed to him in blank or to bearer. R.S.O.
1970, c. 53, s. 68 (1).
Siyment° (^) Where the buyer fails to pay the price as it comes
due under a contract of sale, the seller may recover the
price,
(a) of any security accepted by the buyer; and
(6) of any security not accepted by the buyer if its
resale would be unduly burdensome or there is no
readily available market. R.S.O. 1970, c. 53,
s. 68(2); 1972, c. 138, s. 19.
Rights and Liabilities of Issuer,
Registrar and Transfer Agent
Issuer Qfj^ — (1) 'pjjg obligations and defences of an issuer apply
to a body corporate that,
(a) places or authorizes the placing of its name on a
security, otherwise than as an authenticating trustee,
registrar or transfer agent, to evidence that it
represents a share, participation or other interest
in its property or in an enterprise or to evidence its
duty to perform an obligation evidenced by the
security ;
(b) directly or indirectly creates fractional interests in
its rights or property which fractional interests are
evidenced by securities; or
(c) becomes responsible for or in place of any other
person described as an issuer in this section.
Guarantor ^2) The obligations and defences of an issuer apply to a
guarantor of a security to the extent of his guaranty
whether or not his obligation is noted on the security.
ma^intaining (^) ^^^ person on whose behalf a register of transfers is
transfer maintained is an issuer for the purposes of the registration
of a transfer under sections 90 to 93. R.S.O. 1970, c. 53, s. 69.
Notice of 68. — (1) A purchaser for value shall be deemed to have
terms of . r i
security notice of the terms of a security including those stated on
Sec. 69 (2) BUSINESS CORPORATIONS Chap. 54 443
the security and those made part of the security by reference
to another instrument, indenture or document or to a
statute, ordinance, rule, regulation, order or other written
law to the extent that the terms so referred to do not con-
flict with the stated terms, except that he shall be deemed
not to have such notice of a defect going to the validity of
the security even though the security expressly states that a
person accepting it admits such notice.
(2) Except as otherwise provided in the case of certain ^^l^^^^j.
unauthorized signatures on issue, lack of genuineness of a
security is a complete defence even against a purchaser for
value and without notice.
(3) All other defences of the issuer including non-delivery i^®™
and conditional delivery of the security are ineffective
against a purchaser for value who has taken without notice
of the particular defence.
(4) Nothing in this section shall be construed to affective™
the right of a party to a "when, as and if issued" or a "when
distributed" contract to cancel the contract in the event of
a material change in the character of the security that is the
subject of the contract or in the plan or arrangement under
which such security is to be issued or distributed. R.S.O.
1970, c. 53. s. 70.
69. — (1) After an act or event that creates a right toNoUceof
immediate performance of the principal obligation evidenced
by the security or that sets a date on or after which the
security is to be presented or surrendered for redemption or
exchange, a purchaser is charged with notice of any defect
in its issue or any defence of the issuer,
{a) if the act or event is one requiring the payment of
money or the delivery of securities or both on
presentation or surrender of the security and such
funds or securities are available on the date set for
payment or exchange and he takes the security more
than one year after that date ; and
(b) if the act or event is not one to which clause (a)
applies and he takes the security more than two
years after the date set for surrender or presentation
or the date on which such performance became due.
(2) Subsection (1) does not apply to a call for redemption ^j]°J®'^
that has been revoked. R.S.O. 1970, c. 53, s. 71. redemption
excepted
444
Chap. 54
BUSINESS CORPORATIONS
Sec. 70 (1)
oatransfe? '^^' — ^^^ Unless noted conspicuously on the security, a
restriction on transfer imposed by the issuer even though
otherwise lawful is ineffective except against a person with
actual knowledge of it.
Exception for
securities
of former
private
companies
R.S.O. 1980,
c. 95
(2) Where a corporation was incorporated as a private
company under the Corporations Act, or any predecessor
thereof, before the 1st day of January, 1971, the words
"private company" appearing conspicuously on the face of
its securities issued before the 1st day of January, 1971 shall
be deemed to be notice of its restriction on the transfer
of the securities for the purposes of subsection (1). R.S.O. 1970,
c. 53, s. 72.
Unauthorized
signatures
on issue
71. An unauthorized signature placed on a security
prior to or in the course of issue is ineffective except that
the signature is effective in favour of a purchaser for value
and without notice of the lack of authority if the signing
has been done by.
(a) an authenticating trustee, registrar, transfer agent
or other person entrusted by the issuer with the
signing of the security or of similar securities or
their immediate preparation for signing ; or
{b) an employee of the issuer, entrusted with
responsibility for handling of the security. R.S.O.
1970, c. 53, s. 73.
omanks°° 72. — (1) Where a security contains the signatures necessary
to its issue or transfer but is incomplete in any other respect,
{a) any person may complete it by filling in the blanks
' = as authorized; and
{b) even though the blanks are incorrectly filled in,
the security as completed is enforceable by a pur-
chaser who took it for value and without notice of
such incorrectness.
alteration
(2) A complete security that has been improperly altered,
even though fraudulently, remains enforceable but only
according to its original terms. R.S.O. 1970, c. 53, s. 74.
Effect of
registration
73. — (1) Subject to sections 104 and 110, the issuer or the
indenture trustee may treat the registered holder as the
person entitled to receive notice of and to vote at meetings
of the security holders and to receive any payment in respect
of the security and otherwise to exercise all the rights and
powers of an owner.
Sec. 76 (1) (a) business corporations Chap. 54 445
(2) Nothing in sections 62 to 95 shall be construed to wem
affect the liability of the registered owner of a security for
calls, assessments or similar liabilities. R.S.O. 1970, c. 53,
s. 75.
74. — (1) A person placing his signature upon a security as ^"^g^**®"
authenticating trustee, registrar or transfer agent warrants
to a purchaser for value without notice of the particular
defect that,
(a) the security is genuine and in proper form ;
(b) his own participation in the issue of the security is
within his capacity and within the scope of the
authorization received by him from the issuer; and
(c) he has reasonable grounds to believe that the security
is in the form and within the amount the issuer is
authorized to issue. 1971, c. 26, s. 17.
(2) Unless otherwise agreed, a person by so placing his^**™
signature does not assume responsibility for the validity of
the security in other respects. R.S.O. 1970, c. 55, s. 76 (2).
Rights and Liabilities of Purchaser and Seller
75. — (1) Upon delivery of a security, the purchaser ^^l^l^^^^j .
acquires the rights in the security that his transferor had or purctiasers
had actual authority to convey except that a purchaser who
has himself been a party to any fraud or illegality affecting
the security or who as a prior holder had notice of an adverse
claim cannot improve his position by taking from a later
purchaser for value in good faith who was without notice of
any adverse claim.
(2) A purchaser for value in good faith and without notice J^^^e^
of any adverse claim in addition to acquiring the rights of
a purchaser also acquires the security free of any adverse
claim.
(3) A purchaser of a limited interest acquires rights only to f^^^^
the extent of the interest purchased. R.S.O. 1970, c. 53, s. 77.
76. — (1) A purchaser, including a broker for the sellerNoticejjf
or buyer, of a security is charged with notice of adverse claims
claims if,
(a) the security whether in bearer or registered form has
been endorsed "for collection" or "for surrender" or
for some other purpose not involving transfer; or
446 Chap. 54 business corporations Sec. 76 (1) (b)
(b) the security is in bearer form and has on it an
unambiguous statement that it is the property of a
person other than the transferor, but the mere writing
of a name on a security shall not be deemed such a
statement.
^^^^ (2) The fact that the purchaser, including a broker for the
seller or the buyer, has notice that the security is held for
a third person or is registered in the name of or endorsed
by a fiduciary does not create a duty of inquiry into the
rightfulness of the transfer or constitute notice of adverse
claims, but if the purchaser has knowledge that the proceeds
are being used or that the transaction is for the individual
benefit of the fiduciary or otherwise in breach of duty, the
purchaser is charged with notice of adverse claims.
^<^®™ (3) An act or event that creates a right to immediate
performance of the principal obligation evidenced by the
security or that sets a date on or after which the security is
to be presented or surrendered for redemption or exchange
does not of itself constitute any notice of adverse claims
except in the case of a purchase,
(a) after one year from any date set for such present-
ment or surrender for redemption or exchange ; or
(b) after six months from any date set for payment of
money against presentation or surrender of the
security if funds are available for payment on that
date. R.S.O. 1970, c. 53, s. 78.
Warranties 77. — (l).A person who presents a security for registration
presentment of transfer or for payment or exchange warrants to the issuer
that he is entitled to the registration, payment or exchange,
but a purchaser for value without notice of adverse claims
who receives a new, reissued or reregistered security on regis-
tration of transfer warrants only that he has no knowledge of
any unauthorized signature in a necessary endorsement.
^^transfer (^) ^ persou by transferring a security to a purchaser
for value warrants only that,
(a) his transfer is effective and rightful ;
{b) the security is genuine and has not been materially
altered; and
(c) he knows no fact that might impair the validity of
the security.
Sec. 79 (3) BUSINESS corporations Chap. 54 447
(3) Where a security is delivered by an intermediary Warranties
known by the transferee to be entrusted with delivery of themediary
security on behalf of another or with collection of a draft or
other claim against such delivery, the intermediary by such
delivery warrants only his own good faith and authority even
though he has purchased or made advances against the claim
to be collected against the delivery, but a broker is not an
intermediary within the meaning of this subsection.
(4) A pledgee or other holder for security who redelivers ^^^j^^*^®^
the security received, or after payment and on order of the
debtor delivers that security to a third person, makes only
the warranties of an intermediary under subsection (3).
(5) A broker gives to his customer and to the issuer and a^^"'*°"e8
1 1 • -ii-i- ^ 1 of broker
purchaser the warranties provided m this section and has
the rights and privileges of a purchaser under this section
and the warranties of and in favour of the broker acting
as an agent are in addition to applicable warranties given
by and in favour of his customer. R.S.O. 1970, c. 53, s. 79.
78. Where a security in registered form has been delivered ^nlo^j^gnt
to a purchaser without a necessary endorsement, he may
become a purchaser for value in good faith and without notice
of any adverse claim only as of the time the endorsement is
supplied, but against the transferor the transfer is complete
upon delivery and the purchaser has a specifically enforceable
right to have any necessary endorsement supplied. R.S.O.
1970, c. 53, s. 80.
79. — (1) An endorsement of a security in registered formEndorse-
is made when an appropriate person signs on it or on a
separate document an assignment or transfer of the security
or a power to assign or transfer it or when the signature of
such jjerson is written without more upon the back of the
security.
(2) An endorsement of a security may be, ^'^®™
(a) in blank, including to bearer ; or
{b) a special endorsement, specifying the person to
whom the security is to be transferred or who has
the power to transfer it,
and a holder may convert an endorsement in blank into a
special endorsement.
(3) Unless otherwise agreed, the endorser by his endorse- °^^Jj^q*^!^
ment assumes no obligation that the security will be honoured
by the issuer.
448 Chap. 54 business corporations Sec. 79 (4)
endorsement ^^^ ^" endorsement purporting to be only of part of a
security representing units intended by the issuer to be
separately transferable is effective to the extent of the endorse-
ment.
person"^**^^ (5) Whether the person signing is appropriate shall be
determined as of the date of signing and an endorsement by
such person does not become unauthorized for the purposes
of this Act by virtue of any subsequent change of circum-
stances.
encPoraement (6) Failure of a fiduciary to comply with a controlling
by fiduciary instrument or with the law applicable to the fiduciary
relationship, including any law requiring the fiduciary to
obtain court approval of the transfer, does not render his
endorsement unauthorized for the purposes of this Act.
R.S.O. 1970, c. 53, s. 81.
Delivery gQ, An endorsement of a security whether special or in
blank does not constitute a transfer until delivery of the
security on which it appears, or if the endorsement is on a
separate document until the delivery of both the document
and the security. R.S.O. 1970, c. 53. s. 82.
unauthorized ^^' Unless the owner has ratified an unauthorized endorse-
endorsement ment or is Otherwise precluded from asserting its ineffective-
ness,
{a) he may assert its ineffectiveness against the issuer
or any purchaser other than a purchaser for value
and without notice of adverse claims who has in good
faith received a new, reissued or reregistered security
on registration of traiisf er ; and
(b) an issuer who registers the transfer of a security
upon the unauthorized endorsement is subject to
liability for improper registration. R.S.O. 1970,
c. 53, s. 83.
ofs^gnature ^^' — ^^^ ^^^ person guaranteeing a signature of an
endorser of a security warrants that at the time of signing,
{a) the signature was genuine ;
(b) the signer was an appropriate person to endorse;
and
(c) the signer had legal capacity to sign,
but the guarantor does not otherwise warrant the rightfulness
of the particular transfer.
Sec. 84 (1) BUSINESS CORPORATIONS Chap. 54 449
(2) Any person may guarantee an endorsement of a ^n^^ement
security and by so doing warrants not only the signature but
also the rightfulness of the particular transfer in all respects.
(3) No issuer may require a guarantee of endorsement as ^^^^
a condition to registration of transfer.
(4) The warranties referred to in subsections (1) and (2) are Liability of
. guarantor
made to any person taking or dealing with the security in
reliance on the guarantee and the guarantor is liable to such
person for any loss resulting from breach of the warranties.
R.S.O. 1970, c. 53, s. 84.
83. — (1) Delivery to a purchaser occurs when, ^^*^44.
const! til tds
delivery
(a) he or a person designated by him acquires possession
of a security ;
(b) his broker acquires possession of a security specially
endorsed or issued in the name of the purchaser ;
(c) his broker sends him confirmation of the purchase
and also by book entry or otherwise identifies a specific
security in the broker's possession as belonging to
the purchaser;
(d) with respect to an identified security to be delivered
while still in the possession of a third person, when
that person acknowledges that he holds for the
purchaser; or
(e) appropriate entries in the records of a clearing
corporation are made under section 89.
(2) The purchaser is the owner of a security held for himWem
by his broker, but is not the holder except as specified in
clauses (1) (6), (c) and (e), but where a security is part of a fungible
bulk the purchaser is the owner of a proportionate property
interest in the fungible bulk.
(3) Notice of an adverse claim received by the broker orNoMce^^^
by the purchaser after the broker takes delivery as a holder claim after
QGllVGrV
for value is not effective either as to the broker or as to the
purchaser, but as between the broker and the purchaser,
the purchaser may demand delivery of an equivalent
security as to which no notice of an adverse claim has been
received. R.S.O. 1970, c. 53, s. 85.
84. — (1) Unless otherwise agreed where a sale of a security ^^fy.o^
is made on a stock exchange recognized for the purposes of deliver
450
Chap. 54
BUSINESS CORPORATIONS
Sec. 84 (1)
sections 62 to 95 by the Commission or otherwise through
brokers,
(a) the selling customer fulfills his duty to deliver when
he places such a security in the possession of the
selling broker or of a person designated by the broker
or, if requested, causes an acknowledgment to be made
to the selling broker that it is held for him ; and
{b) the selling broker including a correspondent broker
acting for a selling customer fulfills his duty to
deliver by placing the security or a like security in
the possession of the buying broker or a person
designated by him or by effecting clearance of the sale
in accordance with the rules of the recognized stock
exchange on which the transaction took place.
Idem
Idem
(2) Except as otherwise provided in this section and
unless otherwise agreed, a transferor's duty to deliver a security
under a contract of purchase is not fulfilled until he places
the security in form to be negotiated by the purchaser in
the possession of the purchaser or of a person designated by
him or at the purchaser's request causes an acknowledgment
to be made to the purchaser that it is held for him.
(3) Subsection (2) applies to a sale to a broker purchasing
on his own account unless the sale is made on a recognized
stock exchange. R.S.O. 1970, c. 53, s. 86.
wronSu?'^ 85. — (1) Any person against whom the transfer of a security
transfer is wrongful for any reason, including his incapacity, may
against anyone else except a purchaser for value in good
faith and without notice of any adverse claim reclaim
possession of the security or obtain possession of any new
security evidencing all or part of the same rights or have
damages.
Idem
(2) If the transfer is wrongful because of an unauthorized
endorsement, the owner may also reclaim or obtain possession
of the security even from a purchaser for value in good faith
and without notice of any adverse claim if the ineffectiveness
of the purported endorsement can be asserted against him
under the provisions of this Act relating to unauthorized
endorsements.
perfonnance (^) ^^^ right to obtain or reclaim possession of a security
a°d may be specially enforced by specific performance or its
transfer enjoined. R.S.O. 1970, c. 53, s. 87.
Sec. 88 (rf) BUSINESS CORPORATIONS Chap. 54 451
86. — (1) Unless otherwise agreed, the transferor shall on ^^t^^o®''"^'*
due demand supply his purchaser with any proof of his p^°^?<^®
authority to transfer or with any other requisite that may be for
necessary to obtain registration of the transfer of the security, of transfer °
but if the transfer is not for value a transferor need not do so
unless the purchaser furnishes the necessary expenses.
(2) Failure to comply with a demand made under sub-^^*JJ^g
section (1) within a reasonable time gives the purchaser the
right to reject or rescind the transfer. R.S.O. 1970, c. 53,
s. 88.
87. An agent or bailee who in good faith, including ob-^°8g^®[
servance of reasonable commercial standards if he is in the jn food
faith not
business of buying, selling or otherwise dealmg with securities, conversion
has received securities and sold, pledged or delivered them
according to the instructions of his principal is not liable
for conversion or for participation in breach of fiduciary duty
although the principal has no right to dispose of thein.
R.S.O. 1970, c. 53. s. 89.
88. A contract for the sale of securities is not enforceable ^q°°*^*
by way of action or defence unless,
(a) there is some writing signed by the party against
whom enforcement is sought or by his authorized
agent or broker sufficient to indicate that a contract
has been made for sale of a stated quantity of
described securities at a defined or stated price ;
(6) delivery of the security has been accepted or pay-
ment has been made, but the contract is enforceable
under this provision only to the extent of such delivery
or payment ;
(c) within a reasonable time a writing in confirmation
of the sale or purchase and sufficient against the
sender under clause (a) has been received by the party
against whom enforcement is sought and he has
failed to send written objection to its contents within
a reasonable time after its receipt ; or
{d) the party against whom enforcement is sought
admits in his pleading, testimony or otherwise in
court that a contract was made for sale of a stated
quantity of described securities at a defined or
stated price. R.S.O. 1970. c. 53, s. 90.
452
Chap. 54
BUSINESS CORPORATIONS
Sec. 89 (1)
Transfer
through
clearing
corporation
89.— (1) If a security,
{a) is in the custody of a clearing corporation or of a
custodian or nominee of either, subject to the in-
structions of the clearing corporation ;
{b) is in bearer form or endorsed in blank by an
appropriate person or registered in the name of the
clearing corporation or custodian or a nominee of
either; and
(c) is shown on the account of a transferor or pledgor
in the records of the clearing corporation,
then, in addition to other methods, a transfer or pledge of
the security or any interest therein may be effected by the
making of appropriate entries in the records of the clearing
corporation, reducing the account of the transferor or pledgor
and increasing the account of the transferee or pledgee by the
amount of the obligation or the number of shares or rights
transferred or pledged.
fungible ^° (2) Under this section, entries may be in respect of like
bulk securities or interests therein as part of a fungible bulk and
may refer merely to a quantity of a particular security
without reference to the name of the registered owner,
certificate or bond number or the like and, in appropriate
cases, may be on a net basis taking into account other
transfers or pledges of the same security.
Constructive (3) A transfer or pledge under this section has the effect
endorsement , , , . , ^ P . .
and delivery of a delivery of a security in bearer form or duly endorsed
in blank representing the amount of the obligation or the
number of shares or rights transferred or pledged.
Idem
(4) If a pledge or the creation of a security interest is
intended, the making of entries has the effect of a taking
of delivery by the pledgee or a secured party.
Holder
(5) A transferee or pledgee under this section is a holder.
reg^istration i^) ^ transfer or pledge under this section does not con-
stitute a registration of transfer under sections 90 to 94.
Error in
records
(7) That entries made in the records of the clearing
corporation as provided in subsection (1) are not appropriate
does not affect the validity or effect of the entries nor the
liabilities or obligations of the clearing corporation to any
person adversely affected thereby. R.S.O. 1970, c. 53, s. 91.
Sec. 91 (1) id) BUSINESS CORPORATIONS Chap. 54 453
Registration
90. — (1) Where a security in registered form is presented ^suerto
to the issuer with a request to register a transfer, the issuer ^rllfs^fer
is under a duty to register the transfer as requested if,
(a) the. security is endorsed by the appropriate person
or persons ;
(b) reasonable assurance is given that those endorse-
ments are genuine and effective ;
(c) the issuer has no notice of an adverse cjaim ;
{d) any applicable law relating to the collection of taxes
has been complied with ; and
(e) the transfer is not contrary to applicable restrictions
or is not of a share in respect of which the corporation
is entitled to a lien and exercises its right to refuse
registration.
(2) Where an issuer is under a duty to register a transfer J^^^^j^^^^y
of a security, the issuer is also liable to the person presenting delay
it for registration or his principal for loss resulting from
any unreasonable delay in registration or from failure or
refusal to register the transfer. R.S.O. 1970, c. 53, s. 92.
91. — (1) For the purpose of obtaining reasonable assurance Assurance
that each necessary endorsement required by section 79 is by issuer
genuine and effective, the issuer may require a guarantee of
the signature of the person endorsing or, where such
guarantee is lacking,
(a) where the endorsement is by an agent, appropriate
assurance of authority to sign ;
{b) where the endorsement is by fiduciary, or a successor
on whom title or control vests on the death of the
holder, appropriate evidence of appointment or
incumbency ;
(c) where there is more than one fiduciary or successor,
reasonable assurance that all who are required to sign
have done so ; and
(d) where the endorsement is by a person not covered
by a person mentioned in this section, assurance
appropriate to the case equivalent as nearly as may
be to those required by this section.
454
Chap. 54
BUSINESS CORPORATIONS
Sec. 91 (2)
Sufficiency
of guarantee
(2) A "guarantee of the signature" in subsection (1) means a
guarantee signed by or on behalf of a person reasonably
believed by the issuer to be responsible, and the issuer may
adopt stapdards with respect to responsibility if such
standards are not manifestly unreasonable.
?\^denc?of® (3) For the purposes of subsection (1), "appropriate evidence
appoint- of appointment or incumbency" means,
mentor -^ '
incumbency
{a) if the fiduciary or successor claims by virtue of a
grant of probate or letters of administration or other
instrument issued or purporting to be issued by a
court or other judicial authority in any jurisdic-
tion, production of the same or a notarial copy
thereof or extract therefrom or a certificate of such
grant under the seal of such court or other authority
without any proof of the authenticity of such seal or
other proof whatever and deposit of a copy thereof ;
(6) if the fiduciary or successor claims by virtue of the
laws of any jurisdiction in which any transmission
or vesting of title or control takes place without a
grant of probate or letters of administration or
other court or judicial action, production and deposit
of proof thereof in accordance with the laws of such
jurisdiction and reasonable evidence of such laws;
or
(c) if the net value of the estate of the deceased holder
is less than $1,500 or if the market value of the
securities is less than $300, proof thereof to the
reasonable satisfaction of the issuer,
together with, in any such event, production and deposit by
one or more of the fiduciaries or successors of a sworn state-
ment showing the nature of the transmission or vesting of title
or control, as the case may be.
other
contents
not notice
(4) The issuer is not charged with notice of the contents
of any document obtained for the purposes of subsection (3)
except to the extent that the contents relate directly to the
appointment or incumbency. R.S.O. 1970, c. 53, s. 93.
Notice of
additional
assurances
(5) If an issuer demands assurance additional to that
specified in this section for a purpose other than the pur-
poses of subsection (3) and obtains a copy of a will, trust or
partnership agreement, by-law or similar document, the issuer
shall be deemed to have notice of all matters contained therein
affecting the transfer. 1972, c, 138, s. 20.
Sec. 93 (1) (a) business corporations Chap. 54 455
92. — (1) An issuer to whom a security is presented for ^1^°^*^'^^^^^°
registration has notice of an adverse claim if, adverse
(a) the issuer receives written notice of the adverse
claim evidenced by an order or judgment of a court
of competent jurisdiction and the notice is received
at a time and in a manner that affords the issuer a
reasonable opportunity to act on it before the
issuance of a new, reissued or reregistered security
and the notice identifies the registered owner, the
claimant and the issue of which the security is a
part, and provides an address for communications
directed to the claimant ; or
(b) the issuer is given written notice by the registered
owner that the security is lost, apparently destroyed
or wrongfully taken.
(2) An issuer shall be deemed not to have notice of ani<^®™
adverse claim otherwise than as provided in subsection (1).
(3) The issuer may register a transfer where he has notice ^tlr^notice°
of an adverse claim if he has given notice to both the
registered owner and the claimant by registered mail to the
address provided by them for the purpose that the security
has been presented for registration by a named person and
that the transfer will be registered unless prior to the expira-
tion of thirty days from the date of mailing the notification
there is filed with the issuer,
(a) an appropriate restraining order, injunction or other
process issued from a court of competent juris-
diction ; or
{b) an indemnity bond sufficient in the issuer's opinion
to protect the issuer and any transfer agent,
registrar or other agent of the issuer from any loss
which it or they may suffer by complying with the
adverse claim. R.S.O. 1970, c. 53, s. 94.
(4) A written notice of adverse claim received by an Limitation
• • rr ■ r i r i i for nOtlCeS
issuer IS effective for only twelve months from the date
when it was received unless the notice is renewed in
writing. 1972, c. 138, s. 21.
93. — (1) The issuer is not liable to the owner or any other ^}^^^^^J
person suffering loss as a result of the registration of a
transfer of a security if,
(a) there were on or with the security the necessary
endorsements; and
456
Chap. 54
BUSINESS CORPORATIONS
Sec. 93 (1) (b)
(6) the issuer had not notice of adverse claims or,
having had notice thereof, proceeded to register
the transfer in accordance with subsection 92 (3).
Idem
(2) Where an issuer has registered a transfer of a security
to a person not entitled to it, the issuer on demand shall
deliver a like security to the true owner unless,
(a) the registration was pursuant to subsection (1);
(b) the owner is precluded from asserting any claim for
registering the transfer under subsection 94 (1); or
(c) such delivery would result in overissue, in which case
the issuer's liability is governed by section 63. R.S.O.
1970, c. 53, s. 95.
Loss, etc.,
securities
94. — (1) Where a security has been lost, apparently
destroyed or wrongfully taken and the owner fails to notify
the issuer of that fact in writing before the issuer registers a
transfer of the security, the owner is precluded from asserting
against the issuer any claim for registering the transfer
under section 93 or any claim to a new security under this section.
Replacing
lost, etc.,
securities
(2) Where the owner of a security claims that the security
has been lost, apparently destroyed or wrongfully taken,
the issuer shall issue a new security in place of the original
security if the owner.
(a) so requests before the issuer has notice that the
security has been acquired by a purchaser for value
without notice of an adverse claim ;
{b) files with the issuer an indemnity bond sufficient
in the issuer's opinion to protect the issuer and any
transfer agent, registrar or other agent of the issuer
from any loss that it or they may suffer by com-
plying with the request to issue a new security; and
(c) satisfies any other reasonable requirements imposed
by the issuer.
Rights of
bona fide
purchaser
(3) If, after the issue of the new security, a purchaser for
value without notice of an adverse claim of the original
security presents it for registration of transfer, the issuer
shall register the transfer unless registration would result
Sec. 97 (1) BUSINESS CORPORATIONS Chap. 54 457
in overissue in which event the issuer's liabihty is governed
by section 63.
(4) In addition to any rights on the indemnity bond, the^^^^°f
issuer may recover the new security from the person to whom
it was issued or any person taking under him except a
purchaser for. value without notice of an adverse claim.
R.S.O. 1970. c. 53, s. 96.
95. — (1) An authenticating trustee, transfer agent, registrar ^"J^tsfor
or other agent for an issuer has in respect of the issue, issuer
registration of transfer, and cancellation of a security of
the issuer,
(a) a duty to the issuer and to the holder or owner
to exercise good faith and due diligence; and
(6) the same obligations to the holder or owner of a
security and the same rights, privileges and im-
munities as the issuer. 1972, c. 138, s. 22.
(2) Notice to an authenticating trustee, transfer agent, n°^^^^o^
registrar or other such agent is notice to the issuer with issuer
respect to the functions performed by the agent. R.S.O.
1970, c. 53, s. 97 (2).
SHAREHOLDERS
Rights
96.— (1) Where a person is shown on the records of a Deaiin| by^
corporation as holding a share as a personal representative, with personal
^ . ° 1- 1 1 1 • T 1- 1 representa-
the receipt by such person is a valid and binding discharge tives
to the corporation for any payment or other distribution
made in respect of the share whether notice of any trust
has been given to the corporation or not, and the cor-
poration is not bound to see to the application of such
payment or other distribution.
(2) Where its own shares are purchased by a corporation under no^g^^°
subsection 38 (2) or subsection 98 (2) or accepted by a corporation ^^^^^
under section 36 or 41 and are not thereby cancelled, no person is
entitled to receive notice of or to vote at meetings of shareholders
or to receive any payment or other distribution made in respect of
the shares until such shares are resold. 1972, c. 138, s. 23.
97. — (1) Subject to subsection (2), a shareholder of a ^t^^^°"
corporation may maintain an action in a representative w^j^2®°°
corporation
458
Chap. 54
BUSINESS CORPORATIONS
Sec. 97 (1)
capacity for himself and all other shareholders of the
corporation suing for and on behalf of the corporation to
enforce any right, duty or obligation owed to the cor-
poration under this Act or under any other statute or rule
of law or equity that could be enforced by the corporation
itself, or to obtain damages for any breach of any such
right, duty or obligation.
Leave
(2) An action under subsection (1) shall not be commenced
until the shareholder has obtained an order of the court
permitting the shareholder to commence the action.
for^Mer^to° ^^^ ^ shareholder may, upon at least seven days notice
commence to the Corporation, apply to the court for an order
referred to in subsection (2), and, if the court is satisfied that,
(a) the shareholder was a shareholder of the cor-
poration at the time of the transaction or other
event giving rise to the cause of action ;
(b) the shareholder has made reasonable efforts to cause
the corporation to commence or prosecute diligently
the action on its own behalf ; and
(c) the shareholder is acting in good faith and it is
prima facie in the interests of the corporation or
its shareholders that the action be commenced,
the court may make the order upon such terms as the court
thinks fit, except that the order shall not require the share-
holder to give security for costs.
Application
for order
for interim
costs
(4) At any time or from time to time while an action
commenced under this section is pending, the plaintiff may
apply to the court for an order for the payment to the
plaintiff by the corporation of reasonable interim costs,
including solicitor's and counsel fees and disbursements,
for which interim costs the plaintiff shall be accountable to
the corporation if the action is dismissed with costs on
final disposition at the trial or on appeal.
Trial and
judgment
(5) An action commenced under this section shall be
tried by the court and its judgment or order in the cause,
unless the action is dismissed with costs, may include a
provision that the reasonable costs of the action are payable
to the plaintiff by the corporation or other defendants
taxed as between a solicitor and his own client.
tinuanoeand (^) "^^ action Commenced under this section shall not be
settlement discontinued, settled or dismissed for want of prosecution
Sec. 98 (2) (c) business corporations Chap. 54 459
without the approval of the court and, if the court
determines that the interests of the shareholders or any
class thereof may be substantially affected by such dis-
continuance, settlement or dismissal, the court, in its discre-
tion, may direct that notice in manner, form and content
satisfactory to the court shall be given, at the expense of
the corporation or any other party to the action as the
court directs, to the shareholders or class thereof whose
interests the court determines will be so affected. R.S.O.
1970, c. 53. s. 99.
98. — (1) If, at a meeting of shareholders or of any class of ^^^^^.f^
shareholders of a corporation that is not offering its shares to the shareholders
public,
(a) a resolution passed by the directors authorizing
the sale, lease, exchange or other disposition of
all or substantially all the property of the cor-
poration is confirmed with or without variation by
the shareholders;
{b) a resolution passed by the directors authorizing
an amendement to the articles to delete therefrom
a provision restricting the transfer of the shares
of the corporation or of any class thereof is confirmed
with or without variation by the shareholders;
(c) a resolution approving an agreement for the amal-
gamation of the corporation with one or more
other corporations is confirmed by the shareholders ;
or
id) a resolution passed by the directors under section
190 is confirmed by the shareholders,
any shareholder who has voted against the confirmation
of the resolution may within ten days after the date of
the meeting give notice in writing to the corporation re-
quiring it to purchase his shares. R.S.O. 1970, c. 53,
s. 100 (1); 1972, c. 138, s. 24 (1, 2).
(2) Within ninety days from, ?am^fonor
change of
(a) the date of the completion of the sale, lease, ex- iurisdiction
change or other disposition ;
(b) the date set forth in the certificate of amend-
ment or amalgamation ; or
(c) the date of delivery to the Minister of a request
in writing for his authorization under section 190,
460 Chap. 54 BUSINESS corporations Sec. 98 (2)
the corporation, or amalgamated corporation, shall pur-
chase the shares of every shareholder who has given notice
under subsection (1), and every such shareholder shall sell his
shares to the corporation. 1972, c. 138, s. 24 (3).
Saving (3) The corporation shall not purchase any shares under
subsection (2) if it is insolvent or if the purchase would
render it insolvent.
shares'^ i^) ^^^ P^^^^ ^"^ terms of the purchase of such shares
shall be as may be agreed upon by the corporation and the
dissenting shareholder, but, if they fail to agree, the price
and terms shall be as determined by the court on the
application of the dissenting shareholder. R.S.O. 1970, c. 53,
s. 100 (3, 4).
share? (^) ^^ ^^^ ^^^^' ^^ase, exchange or other disposition is not
completed, the certificate of amendment or amalgamation
is not issued, or the authorization of the Minister is not
given, the rights of the dissenting shareholder under this
section cease and the corporation shall not purchase the
shares of such shareholder under this section. 1972, c. 138,
s. 24 (4), part.
for^^-iawor ^®* — ^^^ '^^^ persons holding equity shares carrying at
resolution least 10 per cent of the voting rights attached to all equity
shares of the corporation for the time being outstanding
may requisition the directors to call a meeting of the directors
for the purpose of passing any by-law or resolution that
may properly be passed at a meeting of the directors duly
called, constituted and held for that purpose.
fe°'^sition (^) ^^^ requisition shall set out the by-law or resolution,
as the case may be, that is required to be passed at the
meeting and shall be signed by the requisitionists and
deposited at the head office of the corporation, and may
consist of several documents in like form, each signed by
one or more requisitionists.
dSrectofs*^ (3) Upon deposit of the requisition, the directors shall
forthwith call a meeting of the directors for the purpose of
passing the by-law or resolution, as the case may be, set
out in the requisition. R.S.O. 1970, c. 53, s. 101 (1-3).
shareholders ^^^ Where the directors do not within twenty-one days
from the date of the despoit of the requisition,
{a) call and hold such a meeting and pass such a
by-law or resolution ; and
Sec. 99 (7) BUSINESS CORPORATIONS Chap. 54 461
{b) if the by-law or resolution requires confirmation at
a general meeting of the shareholders before it is
effective, call a general meeting of the shareholders
for the purpose of confirming the by-law or
resolution,
any of the requisitionists may call a general meeting of the
shareholders for the purpose of passing such by-law or
resolution, and the meeting shall be held within sixty
days from the date of the deposit of the requisition.
R.S.O. 1970, c. 53, s. 101 (4); 1972, c. 138, s. 25 (1).
(5) A meeting of the shareholders called under sub- Notice
section (4) shall be called as nearly as possible in the same
manner as meetings of shareholders are called under the
by-laws, but, if the by-laws provide for more than twenty-
one days notice of meetings, twenty-one days notice is
sufficient for the calling of the meeting.
(6) Where a by-law or resolution is passed at a meeting by3iawor°^
of the shareholders called under subsection (4), either as set resolution
out in the requisition or as varied at the meeting, it is as
valid and effective as if it had been passed at a meeting of
the directors duly called, constituted and held for that
purpose and confirmed at a meeting of the shareholders duly
called, constituted and held for that purpose, and, if the
resolution or by-law is passed by at least two-thirds of
the votes cast at the meeting of the shareholders called
under subsection (4), it shall be deemed to be a special
resolution or special by-law, as the case may be, for the
purposes of this Act.
(7) The corporation shall, of^ifSe^s^
(a) reimburse the requisitionists for any reasonable
expenses incurred by them by reason of the
failure of the directors to act in accordance with
subsections (3) and (4); and
(6) retain out of any moneys due or to become due, by
way of fees or other remuneration for their services,
to such of the directors as were in default, an
amount equal to the amount the requisitionists were
reimbursed,
unless, at the meeting called under subsection (4), the share-
holders, by a majority of the votes cast, reject the reim-
bursement of the requisitionists. R.S.O. 1970, c. 53,
s. 101 (5-7).
462
Chap. 54
BUSINESS CORPORATIONS
Sec. 99 (8)
New
requisition
on same
subject
(8) Where a by-law or resolution in respect of which a
meeting of directors is requisitioned under this section is
not passed or confirmed at a meeting of the shareholders, no
requisition for a meeting of directors in respect of a
similar by-law or resolution shall be made for a period of at
least two years. 1972, c. 138, s. 25 (2).
Circulation
of share-
holders'
resolutions,
etc.
Notice
100. — (1) On the requisition in writing of the persons
holding equity shares carrying at least 5 per cent of the
voting rights attached to all equity shares of the corporation
for the time being outstanding, the directors shall,
{a) give to the shareholders entitled to notice of the
next meeting of shareholders notice of any resolution
that may properly be moved and is intended to be
moved at that meeting; or
(6) circulate to the shareholders entitled to vote at the
next meeting of shareholders a statement of not
more than 1,000 words with respect to the matter
referred to in any proposed resolution or with
respect to the business to be dealt with at that
meeting.
(2) The notice or statement or both, as the case may be,
shall be given or circulated by sending a copy thereof to
each shareholder entitled thereto in the same manner and
at the same time as that prescribed by this Act, the
articles or the by-laws, for the sending of notice of meetings
of shareholders.
Idem (3) Where it is not practicable to send the notice or state-
ment or both at the same time as the notice of the meeting
is sent, the notice or statement or both shall be sent as
soon as practicable thereafter.
requisition ('^^ ^^^ directors are not bound under this section to
etc. ' give notice of any resolution or to circulate any statement
unless.
(a) the requisition, signed by the requisitionists, is
deposited at the head office of the corporation,
(i) in the case of a requisition requiring notice
of a resolution to be given, not less than
twenty-one days before the meeting where
the corporation is offering its securities to the
public and not less than ten days before the
meeting where the corporation is not offering
its securities to the public,
Sec. 101 (1) BUSINESS CORPORATIONS Chap. 54 463
(ii) in the case of a requisition requiring a
statement to be circulated, not less than
fourteen days before the meeting where
the corporation is offering its securities to the
public and not less than seven days before
the meeting where the corporation is not
offering its securities to the public; and
(b) there is deposited with the requisition a sum
reasonably sufficient to meet the expenses of the
corporation in giving effect thereto.
(5) The directors are not bound under this section to ^^^'T
• 1 -e 1- • f 1 directors
Circulate any statement if, on the application of the cor- not bound .
• to Cil7CUl&tj6
poration or any other person who claims to be aggrieved, statement
the court is satisfied that the rights conferred by this
section are being abused to secure needless publicity for
defamatory matter, and on any such application, the court
may order the costs of the corporation to be paid in whole
or in part by the requisitionists notwithstanding that
they are not parties to the application.
(6) No corporation or a director, officer or employee where no
thereof or person acting on its behalf, except a requisitionist,
is liable in damages or otherwise by reason only of the
giving of a notice or the circulation of a statement, or
both, in compliance with this section.
(7) Notwithstanding anything in the by-laws of the cor- Jg^^^y^o^
poration, where the requisitionists have complied with this requisitioned
section, the resolution, if any, mentioned in the requisition
shall be dealt with at the meeting to which the requisition
relates.
(8) The corporation shall pay to the requisitionists the Repayment
r- ^ -T of expenses
sum deposited under clause (4) (b) unless at the meeting to which
the requisition relates the shareholders by a majority of the votes
cast reject the repayment to the requisitionists. R.S.O. 1970,
c. 53, s. 102.
Liabilities
101. — (1) Where the issued capital of a corporation is ^^*J>JJ{.*gygg
decreased by an amendment to the articles, each person of issued
who was a shareholder on the effective date of the amend-
ment is individually liable to the creditors of the cor-
poration for the debts due on that date to an amount not
exceeding the amount of the repayment to him.
464
Chap. 54
BUSINESS CORPORATIONS
Sec. 101 (2)
Limitation
of liability
(2) A person is not liable under subsection (1) unless,
{a) the corporation has been sued for the debt within
six months after the effective date of the amendment
and execution has been returned unsatisfied in
whole or in part; and
(6) he is sued for the debt in a court of competent
jurisdiction within two years from the effective date
of the amendment.
Idem
Class
actions
Shareholder
holding
shares in
fiduciary
capacity
(3) After execution has been so returned, the amount due
on the execution, not exceeding the amount of the repay-
ment to the person, is the amount recoverable against
such person.
(4) Where it is made to appear that there are numerous
shareholders who may be liable under this section, the
court of competent jurisdiction may permit an action to
be brought against one or more of them as representatives
of the class and, if the plaintiff establishes his claim as
creditor, may make an order of reference and add as parties
in the referee's office all such shareholders as may be
found, and the referee shall determine the amount that
each should contribute towards the plaintiff's claim and
may direct payment of the sums so determined.
(5) No person holding shares in the capacity of a personal
representative and registered on the records of the cor-
poration as a shareholder and therein described as repre-
senting in such capacity a named estate, person or trust is
personally liable under this section, but the estate, person or
trust is subject to all liabilities imposed by this section.
R.S.O. 1970, c. 53, s. 103.
Share-
holder's
liability
limited
102. A shareholder of a corporation as such is not
answerable or responsible for any act, default, obligation or
liability of the corporation, or for any engagement, claim,
payment, loss, injury, transaction, matter or thing relating
to or connected with the corporation. R.S.O. 1970, c. 53,
s. 104.
Meetings
S*euSgs 103.— (1) Subject to subsections (2) and (3), the meetings
of the shareholders shall be held at the place where the
head office of the corporation is located.
Exception (2) Where the by-laws of the corporation so provide, the
meetings of the shareholders may be held at any place
within Ontario.
Sec. 104 (2) BUSINESS CORPORATIONS Chap. 54 465
(3) Where the articles of the corporation so provide, the^**®°^
meetings of the shareholders may be held at one or more
places outside Ontario specified therein. R.S.O. 1970,
c. 53, s. 105.
104. — (1) Subject to subsection (2) and in the absence of gj^^^,
other provisions in that behalf in the articles or by-laws of meetings
the corporation,
(a) notice of the time and place for holding a meeting
of the shareholders shall be given to each person
who is entitled to notice of meetings and who on
the record date for notice appears on the records
of the corporation as a shareholder and to each
director by sending the notice by prepaid mail
to his latest address as shown on the records of
the corporation;
(6) all questions proposed for the consideration of the
shareholders at a meeting of shareholders shall be
determined by the majority of the votes cast, and
the chairman presiding at the meeting has a second
or casting vote in case of an equality of votes;
(c) the chairman presiding at a meeting of shareholders
may, with the consent of the meeting and subject
to such conditions as the meeting decides, adjourn
the meeting from time to time and from place to
place ;
(d) the president or, in his absence, a vice-president
who is a director shall preside as chairman at a
meeting of shareholders, but, if there is no president
or such a vice-president or if at a meeting neither of
them is present within fifteen minutes after the
time appointed for the holding of the meeting, the
shareholders present shall choose a person from
their number to be the chairman ;
{e) unless a poll is demanded, an entry in the minutes of
a meeting of shareholders to the effect that the
chairman declared a motion to be carried is ad-
missible in evidence as prima facie proof of the fact
without proof of the number or proportion of
votes recorded in favour of or against the motion.
R.S.O. 1970, c. 53, s. 106 (1); 1972, c. 138, s. 26.
(2) The articles or by-laws of the corporation shall not Notice
provide for fewer than.
466
Chap. 54
BUSINESS CORPORATIONS SeC. 104 (2) (fl)
Poll
Annual
meetings
Idem
(a) twenty-one days notice in the case of a corporation
that is offering its securities to the public ; or
(b) ten days notice in the case of a corporation that
is not offering its securities to the public,
for meetings of shareholders but in no case shall notice be
given more than fifty days before the date of the meeting
and the articles or by-laws shall not provide that notice
may be given otherwise than individually.
(3) If a poll is demanded, it shall be taken in such manner
as the by-laws prescribe, and, if the by-laws make no pro-
vision therefor, then as the chairman may direct. R.S.O.
1970, c. 53, s. 106 (2, 3).
105. — (1) A corporation shall hold an annual meeting of
its shareholders not later than eighteen months after its
incorporation and subsequently not more than fifteen months
after the holding of the last preceding annual meeting and
at such meeting any shareholder shall have an opportunity
to raise any matter relevant to the affairs and business of
the corporation. R.S.O. 1970, c. 53, s. 107.
(2) Where a corporation has only one shareholder and,
on or before the date the annual meeting is required to
be held, the action required to be taken at the annual
meeting is completed in accordance with subsection 22 (4), the
action so completed shall be deemed to have been taken at an
annual meeting of the corporation and such annual meeting shall
be deemed to have been held on the date of the comple-
tion. 1971, c. 26, s. 18.
meetfn^s 106. The directors may at any time call a general meeting
of the shareholders for the transaction of any business, the
general nature of which is specified in the notice calling the
meeting. R.S.O. 1970, c. 53, s. 108.
Requisition 107. — (1) The persons holding equity shares carrying at
shareholders' least 5 per ccut of the voting rights attached to all equity
shares of the corporation for the time being outstanding
may requisition the directors to call a general meeting of the
shareholders for any purpose that is connected with the
affairs of the corporation and that is not inconsistent with
this Act.
Requisition (2) The requisition shall state the general nature of the
business to be presented at the meeting and shall be signed
by the requisitionists and deposited at the head office of the
corporation and may consist of several documents in like
form, each signed by one or more requisitionists.
Sec. 109 BUSINESS CORPORATIONS Chap. 54 467
(3) Upon deposit of the requisition, the directors shall ^^y°^
forthwith call a general meeting of the shareholders for the to can
transaction of the business stated in the requisition. "^^* °^
(4) If the directors do not within thirty days from the ^here
date of the deposit of the requisition call and hold the tionista
meeting, any of the requisitionists may call the meeting, meeting
which shall be held within sixty days from the date of the
deposit of the requisition.
(5) A meeting called under this section shall be called as caiung of
1 •, 1 • 1 ■ r ■, meeting
nearly as possible m the same manner as meetmgs of share-
holders are called under the by-laws, but, if the by-laws
provide for more than twenty-one days notice of meetings,
twenty-one days notice is sufficient for the calling of the
meeting.
(6) The corporation shall, Repayment
^ ' *^ ' of expenses
(a) reimburse the requisitionists for any reasonable ex-
penses incurred by them by reason of the action
taken by them under subsection (4); and
(6) retain out of any moneys due or to become due,
by way of fees or other remuneration for their
services, to such of the directors as were in default,
an amount equal to the amount the requisitionists
were reimbursed,
unless, at the meeting, the shareholders by a majority of the
votes cast reject the reimbursement of the requisitionists.
R.S.O. 1970, c. 53. s. 109.
108. Notwithstanding section 107, upon application by a ReQaisition
shareholder of a corporation, the court, if satisfied that the court order
application is made in good faith and that it is prima facie
in the interests of the corporation or its shareholders that
the meeting be held on requisition, may make an order,
upon such terms as to security for the costs of holding the
meeting or otherwise as to the court seem fit, requiring the
directors to call a general meeting of the shareholders for
any purpose that is connected with the affairs of the cor-
poration and that is not inconsistent with this Act. R.S.O.
1970, c. 53, s. 110.
109. If for any reason it is impracticable to call a meeting ^^J.^'^^^
of shareholders of a corporation in any manner in which "*®^°^ °^
meetings of shareholders may be called or to conduct the meetings
meeting in the manner prescribed by this Act, the articles
or by-laws, the court may, on the application of a director
468 Chap. 54 BUSINESS corporations Sec. 109
or a shareholder who would be entitled to vote at the meeting,
order a meeting to be called, held and conducted in such
manner as the court thinks fit, and any meeting called, held
and conducted in accordance with the order shall for all
purposes be deemed to be a meeting of shareholders of the
corporation duly called, held and conducted. R.S.O. 1970,
c. 53, s. 111.
dates^** 110. — (1) The by-laws may fix in advance or may
authorize the directors to fix in advance a time and date
as the record date,
(a) for the determination of the shareholders entitled to
notice of meetings of the shareholders, which record
date for notice shall not be more than fifty days
before the date of the meeting and not fewer than
the minimum number of days for notice of the
meeting and where no such record date for notice
is fixed, the record date for notice shall be at
the close of business on the day next preceding
the day on which notice is given or sent; and
(6) for the determination of the shareholders entitled
to vote at meetings of the shareholders, which record
date for voting shall not be more than two days,
excluding Saturdays and holidays, before the date
of the meeting and where no such record date for
voting is fixed, the record date for voting shall
be the time of the taking of the vote; and
(c) for the determination of the shareholders entitled
to receive the financial statement of the corporation
pursuant to subsection 175 (1), which record date for the
financial statement shall be not more than fifty days and
not fewer than twenty-one days before the date of the
annual meeting of the shareholders and where no such
record date is fixed, the record date shall be at the close
of business on the day next preceding the day on
which the financial statement is given or sent. 1972,
c. 138, s. 27.
Voting (2) The holder of each common share and, unless the
articles condition, restrict, limit or prohibit the right to vote,
the holder of each special share who, on the record date for
voting, appears on the records of the corporation as a share-
holder is entitled to one vote for each share held by him at
all meetings of the shareholders of the corporation, or such
greater number of votes for each share respecting such
matters as the articles provide. R.S.O. 1970, c. 53, s. 112 (2).
Sec. 113 (d) (iii) business corporations Chap. 54 469
111. — (1) Where a person holds shares as a personal Pf"o^ai
representative, that person or his proxy is the person talive
entitled to vote at all meetings of shareholders in respect
of the shares so held by him.
(2) Where a person mortgages or hypothecates his shares, mo^^*"*®®-
that person or his proxy is the person entitled to vote at all
meetings of shareholders in respect of such shares unless,
in the instrument creating the mortgage or hypothec, he
has expressly empowered the person holding the mortgage
or hypothec to vote in respect of such shares, in which case,
subject to the articles, such holder or his proxy is the
person entitled to vote in respect of the shares. R.S.O.
1970, c. 53, s. 113.
112. Where two or more persons hold the same share orJoint^ ^
shares jointly, any one of such persons present at a meeting
of shareholders has the right in the absence of the other
or others to vote in respect of such share or shares, but,
if more than one of such persons are present or represented
by proxy and vote, they shall vote together as one on the
share or shares jointly held by them. R.S.O. 1970, c. 53,
s. 114.
113. In this section and in sections 114 to 119, interpre-
tation
(a) "form of proxy" means a written or printed form
that, upon completion and execution by or on be-
half of a shareholder, becomes a proxy;
(b) "information circular" means the circular referred
to in subsection 116 (1);
(c) "proxy" means a completed and executed form of
proxy by means of which a shareholder has ap-
pointed a person as his nominee to attend and act
for him and on his behalf at a meeting of share-
holders ;
(d) "solicit" and "solicitation" include,
(i) any request for a proxy whether or not
accompanied by or included in a form of
proxy,
(ii) any request to execute or not to execute a
form of proxy or to revoke a proxy,
(iii) the sending or delivery of a form of proxy
or other communication to a shareholder
470 Chap. 54 BUSINESS CORPORATIONS Sec. 1 13 (<i) (iii)
under circumstances reasonably calculated
to result in the procurement, withholding or
revocation of a proxy, and
(iv) the sending or delivery of a form of proxy to
a shareholder under section US,
but do not include,
(v) the sending or delivery of a form of proxy to
a shareholder in response to an unsolicited
request made by him or on his behalf, or
(vi) the performance by any person of ministerial
acts or professional services on behalf of a
person soliciting a proxy. R.S.O. 1970, c. 53,
s. 115.
Proxies 114. — (1) Every shareholder, including a shareholder that
is a body corporate, entitled to vote at a meeting of share-
holders may by means of a proxy appoint a person, who
need not be a shareholder, as his nominee to attend and
act at the meeting in the manner, to the extent and with
the power conferred by the proxy.
and*^"^^°° (2) A proxy shall be executed by the shareholder or his
termination attorney authorized in writing or, if the shareholder is a
body corporate, under its corporate seal or by an officer or
attorney thereof duly authorized, and ceases to be valid one
year from its date.
Contents
Revocation
(3) In addition to the requirements, where applicable, of
section 118, a proxy shall contain the date thereof and the
appointment and name of the nominee and may contain a
revocation of a former proxy and restrictions, limitations or
instructions as to the manner in which the shares in respect
of which the proxy is given are to be voted or that may be
necessary to comply with the laws of any jurisdiction in
which the shares of the corporation are listed on a stock
exchange or a restriction or limitation as to the number of
shares in respect of which the proxy is given.
(4) In addition to revocation in any other manner per-
mitted by law, a proxy may be revoked by an instrument
in writing executed by the shareholder or by his attorney
authorized in writing or, if the shareholder is a body cor-
porate, under its corporate seal or by an officer or attorney
thereof duly authorized, and deposited either at the head
office of the corporation at any time up to and including
the last business day preceding the day of the meeting, or
Sec. 116 (2) (fr) BUSINESS CORPORATIONS Chap. 54 471
any adjournment thereof, at which the proxy is to be used
or with the chairman of such meeting on the day of the
meeting, or adjournment thereof, and upon either of such
deposits the proxy is revoked.
(5) The directors may by resolution fix a time not Time limit
,. , •,, , r^ for deposit
exceeding forty-eight hours, excluding Saturdays and holidays,
preceding any meeting or adjourned meeting of shareholders
before which time proxies to be used at that meeting must
be deposited with the corporation or an agent thereof,
and any period of time so fixed shall be specified in the
notice calling the meeting or in the information circular
relating thereto. R.S.O. 1970, c. 53, s. 116.
115. Subject to section 117, the management of a cor- Mandajtory
poration shall, concurrently with giving notice of a meeting of proxies
of shareholders of the corporation, send by prepaid mail to
each shareholder who is entitled to vote at such meeting
at his latest address as shown on the records of the cor-
poration a form of proxy that complies with section 118
for use at the meeting. R.S.O. 1970, c. 53, s. 117; 1972,
c. 138, s. 28.
116. — (1) Subject to subsection (2) and section 117, noJnJo™ation
person shall solicit proxies unless,
(a) in the case of a solicitation by or on behalf of the
management of a corporation, an information cir-
cular, either as an appendix to or as a separate
document accompanying the notice of the meeting,
is sent by prepaid mail to- each shareholder of the
corporation whose proxy is solicited at his latest
address as shown on the records of the corporation ;
or
{b) in the case of any other solicitation, the person
making the solicitation, concurrently with or prior
thereto, delivers or sends an information circular
to each shareholder of the corporation whose proxy
is solicited. R.S.O. 1970, c. 53, s. 118 (1).
(2) Subsection (1) does not apply to, AppiicaUon
"^•^ of subs. (1)
(a) any solicitation, otherwise than by or on behalf of
the management of a corporation, where the total
number of shareholders whose proxies are solicited
is not more than fifteen;
(b) any solicitation by a person made under section 48
of the Securities Act; and ^^/I^ ^'*°'
' c. 466
472 Chap. 54 business corporations Sec. 116 (2) (c)
(c) any solicitation by a person in respect of shares of
which he is the beneficial owner. R.S.O. 1970,
c. 53, s. 118 (2); 1978, c. 49, s. 5.
scSicitations ^-^^ Section 247 applies to a solicitation that is subject to
an offence this section by means of a form of proxy, information
circular or other communication. R.S.O. 1970, c. 53, s. 118(3).
Where 1 1 7. — (1) Section 115 and subsection 116 (1) apply only to a
ss. 115, 116 (1) . ,.-_.. . . , , ,,
apply corporation that is offering its securities to the public.
orde'rs'""" (2) Upon the application of any interested person, the
Commission may, if satisfied that in the circumstances of
the particular case there is adequate justification for so doing,
make an order, on such terms and conditions as seem to
it just and expedient, exempting, in whole or in part, any
person from the requirements of section 115 or from the
requirements of subsection 116 (1). R.S.O. 1970, c. 53, s. 119.
Special 118. Where section 115 or 116 applies to a solicitation of
form of .
proxy proxies,
(a) the form of proxy sent to a shareholder by a person
soliciting proxies,
(i) shall indicate in bold-face type or other
conspicuous manner whether or not the
proxy is solicited by or on behalf of the
management of the corporation, and
(ii) shall provide a specifically designated blank
space for dating the form of proxy;
(b) the form of proxy shall provide means whereby
the person whose proxy is solicited is afforded
an opportunity to specify that the shares reg-
istered in his name shall be voted by the nominee
in favour of or against, in accordance with such
person's choice, each matter or group of related
matters identified therein or in the information
circular as intended to be acted upon, other than
the appointment of auditors and the fixing of their
remuneration and the election of directors, but a
proxy may confer discretionary authority with
respect to matters as to which a choice is not so
specified by such means if the form of proxy or the
information circular states in bold-face type or
other conspicuous manner how it is intended to vote
the shares represented by the proxy in each such
case;
Sec. 118 (/) BUSINESS CORPORATIONS Chap. 54 473
(c) a proxy may confer discretionary authority with
respect to,
(i) amendments or variations to matters identi-
fied in the notice of meeting, or
(ii) other matters that may properly come before
the meeting,
but only if,
(iii) the person by whom or on whose behalf the
solicitation is made is not aware a reasonable
time prior to the time the solicitation is made
that any such amendments, variations or
other matters are to be presented for action
at the meeting, and
(iv) a specific statement is made in the informa-
tion circular or in the form of proxy that the
proxy is conferring such discretionary
authority ;
(d) no proxy shall confer authority,
(i) to vote for the election of any person as a
director of the corporation unless a bona
fide proposed nominee for such election is
namai in the information circular, or
(ii) to vote at any meeting other than the meet-
ing specified in the notice of meeting or
any adjournment thereof;
{e) the information circular or form of proxy shall state
that the shares represented by the proxy will be
voted and that, where the person whose proxy
is solicited specifies a choice with respect to any
matter to be acted upon under clause (b), the shares
shall, subject to section 119, be voted in accord-
ance with the specifications so made;
(/) the information circular or form of proxy shall
indicate in bold-face type or other conspicuous
manner that the shareholder has the right to appoint
a person to attend and act for him and on his
behalf at the meeting other than the person, if
any, designated in the form of proxy, and shall
contain instructions as to the manner in which
the shareholder may exercise such right; and
474 Chap. 54 business corporations Sec. 118(g)
(g) if the form of proxy contains a designation of a
named person as nominee, means shall be provided
whereby the shareholder may designate in a form
of proxy some other person as his nominee for
the purpose of subsection 114 (1). R.S.O. 1970, c. 53,
s. 120; 1972, c. 138, s. 29.
S?banot'® 119. The chairman at a meeting has the right not to
not required conduct a vote by Way of ballot on any matter or group
of matters in connection with which the form of proxy has
provided a means whereby the person whose proxy is
solicited may specify how such person wishes the shares
registered in his name to be voted unless,
(a) a poll is demanded by any shareholder present
at the meeting in person or represented thereat by
proxy; or
(&) proxies requiring that the shares represented thereby
be voted against what would otherwise be the
decision of the meeting in relation to such matters
or group of matters total more than 5 per cent
of all the voting rights attaching to all the shares
entitled to be voted and be represented at the
meeting. 1971, c. 26, s. 19.
■:ri !«! DIRECTORS AND OFFICERS
Directors
dire^ora 120. — (1) Every corporation shall have a board of directors
however designated.
Composition (2) The board of directors shall consist of a fixed number
of directors,
(a) in the case of a corporation that is not offering
its securities to the public, of at least one; and
(b) in the case of a corporation that is offering its
securities to the public, of not fewer than three,
of whom at least two shall not be officers or
employees of the corporation or of any affiliate of
the corporation. R.S.O. 1970, c. 53, s. 122.
h
Directors (3) A majority of directors on the board of directors
resident of every corporation other than a non-resident corporation
shall be resident Canadians. 1974, c. 26, s. 2.
Sec. 124 (1) BUSINESS CORPORATIONS Chap. 54 475
121. — (1) Each of the persons named as first directors ^i"'
in the articles of a corporation is a director of the corporation
until replaced by a person duly elected or appointed in
his stead.
(2) The first directors of a corporation have all the powers i^®™
and duties and are subject to all the liabilities of directors.
R.S.O. 1970. c. 53. s. 123.
122. — (1) A corporation may by special by-law increase ^^^J^^.^",
or, subject to subsection 120 (2), decrease the number of its direc- directors
tors as set out in its articles.
(2) The corporation shall file with the Minister a certified ^1"^°^
copy of the by-law within ten days after the by-law has
been confirmed by the shareholders.
(3) Failure to comply with subsection (2) does not affect the^*"'^*^
validity of the by-law. R.S.O. 1970, c. 53, s. 124.
123. — (1) No person under eighteen years of age shall ^8;|o^
be a director of a corporation. R.S.O. 1970, c. 53, s.'125 (1) ;
1971, c. 98, s. 4, Sched., par. 4.
(2) No undischarged bankrupt or mentally incompetent Q*^*!!^"^-
person shall be a director, and, if a director becomes a
bankrupt or a mentally incompetent f)erson, he thereupon
ceases to be a director.
(3) A person who is elected or appointed a director is Consent
not a director unless,
(a) he was present at the meeting when he was elected
or appointed and did not refuse at the meeting to
act as director ;
(b) where he was not present at the meeting when he
was elected or appointed, he consented to act as
director in writing before his election or appoint-
ment or within ten days thereafter.
(4) For the purposes of subsection (3), a person who is ^^^^
elected or appointed as director and refuses under clause (3) (a) or
fails to consent under clause (3) (b) shall be deemed not to have
been elected or appointed as a director. R.S.O. 1970, c. 53,
s. 125 (2-4).
124. — (1) The directors shall be elected by the share- g^tj^^of
holders in general meeting, and the election shall be by ballot
476
Chap. 54
BUSINESS CORPORATIONS
Sec. 124 (1)
Idem
or in such other manner as the by-laws of the corporation
prescribe.
(2) The election of directors shall take place yearly, or
at such other interval not exceeding five years as is pro-
vided by the articles, and all the directors then in office
shall retire, but, if qualified, are eligible for re-election.
Si°offlce**°°^ (3) If an election of directors is not held within the pre-
scribed period, the directors continue in office until their
successors are elected.
Rotation
of directors
(4) The articles may provide for the election and retire-
ment of directors in rotation, but in that case no director
shall be elected for a term of more than five years and at
least three directors shall retire from office in each year.
R.S.O. 1970, c. 53, s. 126.
terms^^^*^ (5) It shall not be necessary for all directors to hold
office for the same term. 1972, c. 138, s. 31.
125. The articles or a special by-law of a corporation
Cumulative
voting for
directors may provide that,
(a) every shareholder entitled to vote at an election of
directors has the right to cast thereat a number of
votes equal to the number of votes attached to the
shares held by him multiplied by the number of
directors to be elected, and he may cast all such
votes in favour of one candidate or distribute them
among the candidates in such manner as he sees
fit; and
(6) where he has voted for more than one candidate
without specifying the distribution of his votes
among such candidates, he shall be deemed to have
divided his votes equally among the candidates for
whom he voted. R.S.O. 1970, c. 53, s. 127.
Vacancies
Increase
126. — (1) Subject to subsections (2), (3) and (4), where a
vacancy occurs in the board and a quorum of directors
remains, the directors remaining in office may appoint a quali-
fied person to fill the vacancy for the remainder of the
term but the articles may provide that such vacancy
may only be filled by election at a general meeting of the
shareholders duly called for that purpose.
(2) Where the number of directors is increased, the
vacancies resulting from such increase shall only be filled
by election at a general meeting of the shareholders duly
called for that purpose.
•Sec. 128(3) BUSINESS CORPORATIONS Chap. 54 47-7
(3) Where part of the board of directors has been elected by the ^^^ ^y
holders of the shares of a class of special shares as provided in '^i.^^of
^ ^ shareholders
clause 26(1) id), and a vacancy occurs in that part of the board, the
remaining directors or director, if any, in that part of the board
may appoint a qualified person to fill the vacancy for the remain-
der of the term, and, if there is no such remaining director, the
holders of that class of shares at a meeting thereof that may be
called by any holder of shares of that class may elect a qualified
person to fill the vacancy for the remainder of the term but the
articles may provide that such vacancy may only be filled by
election at a general meeting of the holders of that class of shares
duly called for that purpose. 1972, c. 138, s. 32.
(4) When there is not a quorum of directors in office, the "eni.
director or directors then in office shall forthwith call a quorum
general meeting of the shareholders to fill the vacancies,
and, in default or if there are no directors then in office, the
meeting may be called by any shareholder. R.S.O. 1970,
c. 53, s. 128 (3).
127. Unless the articles or by-laws otherwise provide, aQ'^orumof
,,,,-,. . directors
majority of the board of directors constitutes a quorum, but
in no case shall a quorum be less than two-fifths of the
board of directors or two directors, whichever is the greater.
R.S.O. 1970, c. 53, s. 129.
128. — (1) Subject to subsection (2), the meetings of the Plaice of
board of directors and the executive committee shall be held
at the place where the head office of the corporation is
located. R.S.O. 1970, c. 53, s. 130 (1).
(2) Where the by-laws of the corporation so provide, ^'^^p^^o'^
the meetings of the board of directors and of the executive
committee may be held at any place within or outside
Ontario, but, except where the corporation is a non-
resident corporation, in any financial year of the cor-
poration a majority of the meetings of the board of
directors and a majority of the meetings of the executive
committee shall be held at a place within Canada. 1974,
c. 26, s. 3.
(3) Subject to the by-laws of the corporation, where all*^|'|^|j^g**y
the directors have consented thereto, any director may
participate in a meeting of the board of directors or of the
executive committee by means of conference telephone or
other communications equipment by means of which all
persons participating in the meeting can hear each other,
and a director participating in a meeting pursuant to this
478
Chap. 54
BUSINESS CORPORATIONS
Sec. 128 (3)
Place of
meeting by
telephone
subsection shall be deemed for the purposes of this Act
to be present in person at that meeting. 1972, c. 138, s. 33 (2).
(4) If a majority of the directors participating in a
meeting held pursuant to subsection (3) are then in Canada,
the meeting shall be deemed to have been held in Canada.
1972, c. 138, s. 33 (3).
Calling
meetings
of directors
Notice
129. — (1) In addition to any other provision in the articles
or by-laws of a corporation for calling meetings of directors,
a quorum of the directors may, at any time, call a meeting
of the directors for the transaction of any business the
general nature of which is specified in the notice calling the
meeting.
(2) In the absence of any other provision in that behalf in
the by-laws of the corporation, notice of the time and place
for the holding of the meeting called under subsection (1) shall
be given to every director of the corporation by sending
the notice by prepaid mail ten days or more before the
date of the meeting to his latest address as shown on the
records of the corporation. R.S.O. 1970, c. 53, s. 131.
Duties
Conduct of
business
130. — (1) The board of directors shall manage or super-
vise the management of the affairs and business of the cor-
poration. R.S.O. 1970, c. 53, s. 132 (1).
(2) Subject to section 131 and subsection 22 (1), no business of a
corporation shall be transacted by its board of directors except at a
meeting of directors at which a quorum of the board is present
and, except where the corporation is a non-resident corporation,
at which a majority of the directors present are resident Cana-
dians. 1974, c. 26, s. 4.
Idem (3) Where there is a vacancy or vacancies in the board
of directors, the remaining directors may exercise all the
powers of the board so long as a quorum of the board
remains in office. R.S.O. 1970, c. 53, s. 132 (3).
Executive
committee
131. — (1) Where the number of directors of a corporation
is more than six, and if authorized by a special by-law,
the directors may elect from among their number an
executive committee consisting of not fewer than three of
whom, except where the corporation is a non-resident
corporation, a majority shall be resident Canadians and
the directors may delegate to the executive committee
any powers of the board of directors, subject to the
restrictions, if any, contained in the by-law or imposed from
time to time by the directors. 1974, c. 26, s. 5 (1).
Sec. 132 (3) BUSINESS CORPORATIONS Chap. 54 479
(2) An executive committee may fix its quorum, which Quorum
shall be not less than a majority of its members. R.S.O.
1970, c. 53, s. 133 (2).
(3) No business shall be transacted by an executive ^^^^^^ °f
committee except at a meeting of its members at which
a quorum of the executive committee is present and,
except where the corporation is a non-resident corporation,
at which a majority of the members present are resident
Canadians. 1974, c. 26, s. 5 (2).
132. — (1) Every director of a corporation who has, directly °*^^osure by
or indirectly, any interest in any contract or transaction interest in
to which the corporation or a subsidiary thereof is or is to
be a party, other than a contract or transaction in which
his interest is limited solely to his remuneration as a director,
officer or employee, shall declare his interest in such contract
or transaction at a meeting of the directors of the corporation
and shall at that time disclose the nature and extent of
such interest including, as to any contract or transaction
involving the purchase or sale of property by or to the
corporation or a subsidiary thereof, the cost of the property
to the purchaser and the cost thereof to the seller, if acquired
by the seller within five years before the date of the contract
or transaction, to the extent to which such interest or infor-
mation is within his knowledge or control, and shall not vote
and shall not in respect of such contract or transaction be
counted in the quorum. 1972, c. 138, s. 36 (1), part.
(2) Subsection (1) does not require the disclosure of any^^*"®^^
interest in any contract or transaction unless the interest material
and the contract or transaction are both material. R.S.O.
1970. c. 53, s. 134 (2).
(3) The declaration required by this section shall be made when
^ ' ^ J declaration
at the meeting of the directors at which the proposed of interest
contract or transaction is first considered, or if the director
is not at the date of the meeting interested in the proposed
contract or transaction, at the next meeting of the directors
held after he becomes so interested, or if the director
becomes interested in a contract or transaction after it is
entered into, at the first meeting* of the directors held
after he becomes so interested, or if a contract or a pro-
posed contract or transaction is one that in the ordinary
course of the corporation's business, would not require
approval by the directors or shareholders, at the first
meeting of the directors held after the director becomes
aware of it. 1972, c. 138, s. 36 (1), part.
480
Chap. 54
BUSINESS CORPORATIONS
Sec. 132 (4)
Effect of
declaration
(4) If a director has made a declaration and disclosure
of his interest in a contract or transaction in compliance
with this section and has not voted in respect of the con-
tract or transaction at the meeting of the directors of the
corporation, the director, if he was acting honestly and in
good faith at the time the contract or transaction was
entered into, is not by reason only of his holding the office
of director accountable to the corporation or to its share-
holders for any profit or gain realized from the contract or
transaction, and the contract or transaction, if it was in
the best interest of the corporation at the time the contract
or transaction was entered into, is not voidable by reason
only of the director's interest therein. 1971, c. 26, s. 20.
tion^by** (^^ Notwithstanding anything in this section, a director,
shareholders if he was acting honcstly and in good faith, is not account-
able to the corporation or to its shareholders for any profit
or gain realized from any such contract or transaction
by reason only of his holding the office of director, and the
contract or transaction, if it was in the best interest of the
corporation at the time it was entered into, is not by reason
only of the director's interest therein voidable,
(a) if the contract or transaction is confirmed or ap-
proved by at least two-thirds of the votes cast at a
general meeting of the shareholders duly called for
that purpose ; and
(b) if the nature and extent of the director's interest
in the contract or transaction are declared and
disclosed in reasonable detail in the notice calling
!a the meeting or in the information circular required
by section 116. R.S.O. 1970, c. 53, s. 134 (5).
General
notice of
Interest
(6) For the purposes of this section, a general notice to
the directors by a director declaring that he is a director
or officer of or has a material interest in a person that is a
party to a contract or proposed contract with the cor-
poration is a sufficient declaration of interest in relation
to any contract so made. 1972, c. 138, s. 36 (2).
Liability
of directors
re purchase
of shares
133. — (1) Where any shares of a corporation are acquired
by it by redemption, purchase or acceptance for surrender
in contravention of this Act or the articles, the directors
who voted in favour of or consented to the resolution
authorizing the redemption, purchase or acceptance for sur-
render are jointly and severally liable to the corporation to
the extent of the amount paid for the acquisition of the
shares.
Sec. 135 (1) (b) BUSINESS corporations Chap. 54 481
(2) Where any shares of a corporation are acquired by it^PP^J^^^^^
by redemption, purchase or surrender in contravention of
this Act or the articles,
(a) any shareholder of the corporation; or
(b) where the acquisition is in contravention of sub-
section 37 (1), subsection 38 (3) or section 98 any creditor
of the corporation who was a creditor at the time of the
acquisition,
may apply to the court within two years of the acquisition,
and the court may, if it considers it to be just and equitable
under the circumstances, make an order making any share-
holder whose shares were acquired liable to the corporation,
jointly and severally with the directors, to the extent of the
amount paid to him for his shares. R.S.O. 1970, c. 53,
s. 135.
134. Where any dividend is declared and paid in con- Jj-^^^^^^j^y j^
travention of section 146 or 147, re dividends
{a) the directors who voted in favour of or consented to
the resolution authorizing the declaration of the
dividend are jointly and severally liable to the cor-
poration to the extent of the amount of the dividend
so declared and paid or such part thereof as renders
the corporation insolvent or diminishes its capital;
and
(b) any shareholder of the corporation or any creditor
of the corporation who was a creditor at the time
of the declaration of the dividend may apply to
the court within two years of the declaration, and
the court may, if it considers it to be just and
equitable under the circumstances, make an order
making any shareholder to whom the dividend is
paid jointly and severally liable with the directors
to the extent of the amount of the dividend paid
to him. R.S.O. 1970, c. 53, s. 136.
135. — (1) A director who was present at a meeting of theCoosentof
board of directors or an executive committee thereof when, meeting
(a) the redemption, purchase or acceptance for sur-
render of shares of the corporation is authorized;
(b) the declaration and payment of a dividend is
authorized; or
482 Chap. 54 business corporations Sec. 135 (1) (c)
(c) a loan mentioned in section 144 is authorized,
shall be deemed to have consented thereto unless,
(d) his dissent is entered in the minutes of the meeting;
(e) he files his written dissent with the person acting
as secretary of the meeting before its adjournment;
or
(/) he delivers or sends his dissent by registered mail
to the corporation immediately after the adjourn-
ment of the meeting,
and within seven days after complying vvith clause (d), (e) or (/) he
sends a copy of his dissent by registered mail to the Minis-
ter. R.S.O. 1970, c. 53, s. 137 (1); 1971, c. 26, s. 21 (1).
Mem (2) A director who voted in favour of a matter referred to in
subsection (1) is not entitled to dissent under subsection
(1). R.S.O. 1970, c. 53, s. 137 (2).
Consent of
director
not at
meeting
(3) A director who was not present at a meeting of the
board of directors or any executive committee thereof when,
(a) the redemption, purchase or acceptance for sur-
render of shares of the corporation is authorized ;
(b) the declaration and payment of a dividend is author-
ized; or
(c) a loan mentioned in section 144 is authorized,
shall be deemed to have consented thereto unless,
(d) he delivers or sends to the corporation by registered
mail his dissent; or
(e) he causes his dissent to be filed with the minutes
of the meeting,
within seven days after he becomes aware of the author-
ization referred to in clause (a) , (6) or (c) and unless, within seven
days after complying with clause (d) or (e), he sends a copy of his
dissent by registered mail to the Minister. R.S.O. 1970, c. 53,
s. 137 (3); 1971, c. 26, s. 21 (2).
Sec. 137 (4) BUSINESS CORPORATIONS Chap. 54 483
136. — (1) A director is not liable under section 133, 134 Exception
.... . , , . , , , . , to liability
or 144 if, in the circumstances, he discharged his duty to
the corporation in accordance with section 142.
(2) The liability imposed by this Act upon a director is in ^0***""^
addition to any other liability that is by law imposed upon excluded
him. R.S.O. 1970, c. 53, s. 138.
137. — (1) The directors of a corporation are jointly and V'^biiitv of
„ ,. ' , , - , . , directors
severally liable to the employees of the corporation to whom for wages
the Master and Servant Act applies for all debts that become R so. i980,
CC2S7137
due while they are directors for services performed for the
corporation, not exceeding six months wages, and for the
vacation pay accrued for not more than twelve months under
the Employment Standards Act, and the regulations there-
under or under any collective agreement made by the
corporation.
(2) A director is liable under subsection (1), ofuiwuty
{a) only if,
(i) the corporation has been sued for the debt
within six months after it has become due
and execution against the corporation has
been returned unsatisfied in whole or in part,
or
(ii) the corporation has. within that period gone
into liquidation or has been ordered to be
wound up or has made an authorized assign-
ment under the Bankruptcy Act (Canada), f|.^^^'°'
or a receiving order under the Bankruptcy
Act (Canada) has been made against it and,
in any such case, the claim for the debt has
been proved; and
{b) he is sued for the debt while he is a director or
within two years after he ceases to be a director.
(3) After execution has been so returned against the^<*®™
corporation, the amount recoverable against the director
is the amount remaining unsatisfied on the execution.
(4) If the claim for the debt has been proved in liquidation ^}^^^of
or winding-up proceedings or under the Bankruptcy ^c^^°^^^
(Canada), a director who pays the debt is entitled to any
preference that the creditor paid would have been entitled
484
Chap. 54
BUSINESS CORPORATIONS
Sec. 137 (4)
Removal
of directors
to or, if a judgment has been recovered for the debt, the
director is entitled to an assignment of the judgment.
R.S.O. 1970, c. 53, s. 139.
138. — (1) Subject to subsection (2), the shareholders may,
by resolution passed by a majority of the votes cast at a
general meeting duly called for that purpose, remove any
director before the expiration of his term of office and may,
by a majority of the votes cast at the meeting, elect any
person in his stead for the remainder of his term, but, where
the directors have been elected by the method of voting
provided by section 125, no director shall be removed from
office where the votes cast against the resolution for his
removal would, if cumulatively voted at an election of the
full board of directors, be sufficient to elect one or more
directors. R.S.O. 1970, c. 53, s. 140; 1972, c. 138, s. 37 (1).
Idem
(2) Where a class of shares carries the exclusive right to
elect a part of the board of directors, no director so elected
may be removed from office before the expiration of his
term except by resolution passed by a majority of votes cast
at a meeting of holders of shares of the class duly called for
that purpose. 1972, c. 138, s. 37 (2).
Officers
Officers 139. — (1) A corporation shall have a president and a
secretary and such other officers as are provided for by
by-law or by resolution of the directors and the same person
may holdlwo or more offices. 1972, c. 138, s. 38.
?^ointnfen1i ^^^ ^^ *^^ absence of other provisions in that behalf in
the articles or by-laws, the directors,
{a) shall elect the president from among themselves ;
(6) shall appoint or elect the secretary ; and
(c) may appoint or elect one or more vice-presidents
or other officers. R.S.O. 1970, c. 53, s. 141 (2).
Chairman
of the
board
140. A corporation may by special by-law,
(a) provide for the election or appointment by the
directors from among themselves of a chairman of
the board;
(h) define the duties of the chairman ;
Sec. 145 (1) (a) business corporations Chap. 54 485
(c) assign to the chairman all or any of the duties of
the president or of any other officer of the cor-
poration,
and, if the by-law assigns to the chairman any of the duties
of the president, it shall also fix and prescribe the duties of
the president. R.S.O. 1970, c. 53, s. 142.
141. Unless the articles or by-laws otherwise provide, Quaiiflca-
no person shall be the president of a corporation unless he chairman
is a director of the corporation, but no other officer except president
the chairman of the board need be a director. 1971, c. 26,
s. 22.
General
142. Every director and officer of a corporation shall ^f^°^"*^
exercise the powers and discharge the duties of his office |j°g'(j°^g
honestly, in good faith and in the best interests of the cor-
poration, and in connection therewith shall exercise the
degree of care, diligence and skill that a reasonably prudent
person would exercise in comparable circumstances. R.S.O.
1970, c. 53, s. 144.
143. An act done by a director or by an officer is notVaUdUyof
invalid by reason only of any defect that is thereafter discovered directors
in his appointment, election or qualification. R.S.O. 1970, *°
c. 53, s. 145.
144. Those directors and officers of a corporation who J;/ ^^*gg\y j.^
authorize or consent to a loan in contravention of clause 16 (1) (a) and officers
or the giving, directly or indirectly by means of a loan, guarantee,
the provision of security or otherwise, any financial assistance in
contravention of clause 16 (1) (6) are jointly and severally liable to
the corporation and to its creditors for any actual loss to the
corporation arising out of the contravention, together with
interest at the rate of 6 per cent a year. 1972, c. 138, s. 39.
145.— (1) Subject to subsection (2), the by-laws of a cor- cati®o'S°?"
poration may provide that every director and officer of the directors
corporation and his heirs, executors, administrators and other
legal personal representatives may from time to time be
indemnified and saved harmless by the corporation from and
against,
(a) any liability and all costs, charges and expenses that
he sustains or incurs in respect of any action, suit
486
Chap. 54
BUSINESS CORPORATIONS Sec. 145 (1) (a)
or proceeding that is proposed or commenced
against him for or in respect of anything done or
permitted by him in respect of the execution of the
duties of his office ; and
(b) all other costs, charges and expenses that he sustains
or incurs in respect of the affairs of the corporation.
Idem
(2) No director or officer of a corporation shall be
indemnified by the corporation in respect of any liability,
costs, charges or expenses that he sustains or incurs in or
about any action, suit or other proceeding as a result of
which he is adjudged to be in breach of any duty or
responsibility imposed upon him under this. Act or under any
other statute unless, in an action brought against him in
his capacity as director or officer, he has achieved complete
or substantial success as a defendant.
Insurance
(3) A corporation may purchase and maintain insurance
for the benefit of a director or officer thereof, except
insurance against a liability, cost, charge or expense of the
director or officer incurred as a result of a contravention of
section 142. R.S.O. 1970, c. 53, s. 147.
DIVIDENDS
Power to
declare
dividends
146. — (1) Subject to the articles of the corporation, the
directors may declare and the corporation may pay dividends
on its issued shares.
M^annerof (2) A dividend may be paid in cash or in property not
exceeding in value the amount of the dividend.
When
dividend
not to be
declared
(3) The directors shall not declare and the corporation
shall not pay any dividend when the corporation is insolvent,
or any dividend the payment of which renders the corporation
insolvent or that diminishes its capital. R.S.O. 1970, c. 53,
s. 153.
jrpi
with wasting
assets tion,
147. — (1) Notwithstanding anything in this Act, a corpora-
Sec. 149 (1) BUSINESS CORPORATIONS Chap. 54 487
(a) that for the time being carries on as its principal
business the business of operating a producing
mining, gas or oil property owned and controlled by
it; or
(6) at least 75 per cent of the assets of which are of a
wasting character; or
(c) incorporated for the object of acquiring the assets
or a substantial part of the assets of a body cor-
porate and administering such assets for the purpose
of converting them into cash and distributing the cash
among the shareholders of the corporation,
may declare and pay dividends out of the funds derived
from the operations of the corporation.
(2) The powers conferred by subsection (1) may be exercised ^plirment
notwithstanding that the value of the net assets of. the of capital
corporation may be thereby reduced to less than its issued
capital if the payment of the dividends does not reduce the
value of its remaining assets to an amount insufficient to
meet all the liabilities of the corporation exclusive of its
issued capital.
(3) The powers conferred by subsection (1) may be exercised f^jaw
only under the authority of a special by-law.
(4) Where dividends have been paid by a corporation in We™
any of the cases mentioned in subsection (1) without the
authority of a by-law, the payment thereof is nevertheless
valid if a by-law adopting and approving the payment is passed
and confirmed in the same manner as for a special by-law.
R.S.O. 1970, c. 53. s. 154.
148. For the amount of any dividend that the directors |i^^*^en^g
may declare payable in cash, they may declare a stock
dividend and issue therefor shares of the corporation as fully
paid. R.S.O. 1970. c. 53, s. 155.
RECORDS
149. — (1) Where this Act requires a record to be kept by a
corporation, it may be kept in a bound or looseleaf book,
or by means of a mechanical, electronic or other device.
Records
488 Chap. 54 business corporations Sec. 149 (2)
inboun°°* ^^^ Where a record is not kept in a bound book, the
book corporation shall,
(a) take adequate precautions, appropriate to the means
used, for guarding against the risk of falsifying
the information recorded ; and
{b) provide means for making the information available
in an accurate and intelligible form within a
reasonable time to any person lawfully entitled to
examine the record.
buity^of (^) ^^^ bound or looseleaf book or, where the record is not
records In kept in a bound or looseleaf book, the information in the
form in which it is made available under clause (2) (b) is admissible
in evidence as, prima facie proof, before and after dissolution of the
corporation, of all facts stated therein.
^formation ^^) ^^ person shall remove, withhold or destroy informa-
tion required by this Act or the regulations to be recorded,
o>r.
(a) record or assist in recording any information in a
record ; or
{b) make information purporting to be accurate avail-
able in a form referred to in clause (2) (6),
knowing it to be untrue. R.S.O. 1970, c. 53, s. 156.
150. A corporation shall cause to be kept the following
:ords!
Records
records
1. A copy of the articles of the corporation.
2. All by-laws and resolutions, including special by-laws
and special resolutions of the corporation.
3. A register of security holders in which is set out the
names alphabetically arranged or alphabetically
indexed in appropriate categories of,
i. all person who are or have been within ten
years registered as shareholders of the cor-
Sec. ISO f 5 iv business corporations Chap. 54 489
poration and the address including the street
and number, if any, of every such person
while a holder, in which are set out also the
number and class of shares held by such
holder and, where the shares were issued
before the 1st day of January, 1971 and not
fully paid, the amounts paid up and remaining
unpaid on such shares,
ii. all persons who are or have been holders of
debt obligations other than debt obligations
in bearer form of the corporation and the
address including the street and number,
if any, of every such p)erson while a holder in
which are set out also the class or series
and principal amount of the debt obligations
held by such holder,
iii. all persons who are or have been within six
years after the date of expiry of a warrant
registered as holders of warrants of the cor-
poration and the address including the street
and number, if any, of every such person
while a holder, setting out the class or series
and number of warrants held by such holder.
4. A register of directors in which are set out the
names and residence addresses, while directors,
including the street and number, if any, of all
persons who are or have been directors of the
corporation with the several dates on which each
became or ceased to be a director.
5. Proper accounting records in which are set out all
financial and other transactions of the corporation
including, without limiting the generality of the
foregoing, records of,
i. all sums of money received and disbursed by
the corporation and the matters with respect
to which receipt and disbursement took place,
ii. aU sales and purchases of the corporation,
iii. the assets and liabilities of the corporation,
and
iv. aU other transactions affecting the financial
position of the corporation.
490
Chap. 54
BUSINESS CORPORATIONS
Sec. 150116
6. The minutes of all proceedings at meetings of
shareholders, directors and any executive committee.
R.S.O. 1970, c. 53, s. 157; 1972, c. 138, s. 40.
Register of
transfers
151. Every corporation shall cause to be kept a register
of transfers in which all transfers of securities issued by the
corporation in registered form and the date and other
particulars of each transfer shall be set out. R.S.O. 1970,
c. 53, s. 158.
Transfer
agents
152. A corporation may appoint a registrar to keep the
register of security holders and a transfer agent to keep the
register of transfers and may also appoint one or more branch
registrars to keep branch registers of security holders and one
or more branch transfer agents to keep branch registers of
transfers but one person may be appointed both registrar
and transfer agent. 1972, c. 138, s. 41.
Where
registers
to be kept
153. — (1) The register of security holders and the register
of transfers shall be kept at the head office of the corpora-
tion or at such other office or offices or place or places in
Ontario as is appointed by resolution of the directors, and
the branch register or registers of security holders and the
branch register or registers of transfers may be kept at such
office or offices of the corporation or other place or places, either
within or outside Ontario, as are appointed by resolution
of the directors. R.S.O. 1970, c. 53, s. 160 (1); 1972. c. 138,
s. 42 (1).
Valid
registration
(2) Registration of the transfer of a security of the cor-
poration in the register of transfers or a branch register of
transfers is a complete and valid registration for all pur-
poses.
Entry In
Branch
transfer
register
(3) In each branch, register of transfers shall be recorded
only the particulars of the transfers of securities registered
in that branch register of transfers.
Entry in
register of
transfers
(4) Particulars of every transfer of securities registered in
every branch register of transfers shall be recorded in the
register of transfers. R.S.O. 1970, c. 53, s. 160 (2-4).
Destruction
of speilt
documents
(5) A corporation, registrar or transfer agent is not
liable to produce a security certificate, a warrant or any
document that is evidence of the issue or transfer of the
security certificate or warrant after six years.
(a) in the case of a share certificate from the date of
its cancellation;
Sec. 154 (4) BUSINESS CORPORATIONS Chap. 54 491
(b) in the case of a warrant from the date of its expiry ;
or
(c) in the case of a certificate representing a debt
obligation, from the date of retirement of the whole
debt obligation of which that certificate represents
a part. 1972, c. 138, s. 42 (2).
154. — (1) The records mentioned in sections 150 and 151 ^^°{o^
shall, during the normal business hours of the corporation, be examination
open to examination by any director and shall, except as provided
in section 153 and in subsections (2) and (3) of this section, be kept
at the head office of the corporation.
(2) A corporation may keep at any place where it carries ^°^^ oj
on business such parts of the accounting records as relate to branch
the operations, business and assets and liabilities of the cor-
poration carried on, supervised or accounted for at such
place, but there shall be kept at the head office of the cor-
poration or such other place as is authorized under sub-
section (3) such records as will enable the directors to ascertain
quarterly with reasonable accuracy the financial position of
the corporation.
(3) Where a corporation, order for
* '■ removal of
records
(a) shows, to the satisfaction of the Minister, the
necessity of keeping all or any of the records
mentioned in subsection (1) at a place other than the
head office of the corporation; and
(6) gives the Minister adequate assurance, by surety
bond or otherwise, that such records will be open
for examination,
(i) at the head office or some other place in
Ontario designated by the Minister, and
(ii) by any person who is entitled to examine
them and who has applied to the Minister
for such an examination,
the Minister may, by order and upon such terms as he
thinks fit, permit the corporation to keep such of them at
such place or places, other than the head office, as he thinks
fit.
(4) The Minister may by order upon such terms as he sees Rescission
fit rescind any order made under subsection (3) or any order made under
made by the Lieutenant Governor in Council under a pre- *"^* <^>
decessor of that subsection. R.S.O. 1970, c. 53, s. 161.
492 Chap. 54 business corporations Sec. 155 (1)
Jf'SdBby 155.— (1) Subject to section 156, the records of a cor-
lnd^^?ed\u)r8 P°^^^^°" mentioned in section 150 or 151, other than ac-
counting records, resolutions of directors and the minutes
of proceedings at meetings of directors and any executive
committee, shall, during the normal business hours of the
corporation and at the place or places where they are kept,
be open to examination by the shareholders and creditors
or their agents or personal representatives, and any of them
may make extracts therefrom. R.S.O. 1970, c. 53, s. 162 (1);
1972, c. 138. s. 43.
^***™ (2) No person shall refuse to permit a person entitled
thereto to inspect such records or to make extracts there-
from. R.S.O. 1970, c. 53, s. 162 (2).
security 156. — (1) A shareholder or creditor or the agent or per-
hoiders sonal representative of any of them shall not make or cause
to be made a list of all or any of the security holders or
registered warrant holders of the corporation unless he has
filed with the corporation or its agent his affidavit in the
following form, and, where the shareholder or creditor is a
body corporate, the affidavit shall be made by the president
or other officer authorized by resolution of the board of
directors of the body corporate:
Form of Affidavit
Province of Ontario In the matter of
County of {Insert name of corporation)
I, of the of
in the of ,
make oath and say :
1 . I am a shareholder (or creditor) of the above-named corporation.
(Where the shareholder or creditor is a body corporate, indicate office
and authority of deponent in paragraph 1 .)
2. I am applying to make a list of the shareholders (debt obliga-
tion holders) (registered warrant holders) of the above-named
corporation.
3. I require the above-mentioned list(s) only for purposes con-
nected with the above-named corporation.
4. The above-mentioned list(s) and the information contained
therein will be used only for purposes connected with the above-
named corporation.
Sworn, etc.
ult°^ (^) ^° person, other than the corporation or its agent,
shall use a list obtained under this section,
Sec. 157 (2) BUSINESS CORPORATIONS Chap. 54 493
(a) for the purpose of delivering or sending to all or any
of the security holders or registered warrant holders
advertising or other printed matter relating to
securities, other than the securities of the cor-
poration; or
(6) for any purposes not connected with the cor-
' poration. 1972, c. 138, s. 44.
(3) Purposes connected with the corporation include 2Lny|*^^^®^j
effort to influence the voting of shareholders or debt '^th the
" r • 1 corporation
obligation holders at any meeting thereof and include the defined
acquisition or offering of shares to acquire control or to
effect an amalgamation or reorganization. R.S.O. 1970,
c. 53, s. 163 (3).
157. — (1) Any person, upon payment of a reasonable ^J^^J^ij^^^
charge therefor and upon filing with the corporation or its ^° ^j ^^ ^
agent the affidavit referred to in subsection (2), may require
a corporation, other than a corporation that is not offering
its securities to the public, or its transfer agent to furnish
within ten days from the filing of the affidavit a basic list
of security holders or registered warrant holders of the
corp>oration setting out the information required in section
150 to be set out in the register of security holders or warrant
holders made up to a date not more than ten days before
the date of filing the affidavit and having required such
basic list, upon payment of a reasonable charge therefor
and upon filing with the corporation or its agent a written
demand, may require the corporation or its transfer agent
to furnish supplementary lists of transfers of securities or
registered warrants for each business day following the date
to which the basic list is made up, and the supplementary
lists shall be furnished concurrently with the basic list and
thereafter on the next business day following the day to
which the supplementary list relates.
(2) The affidavit referred to in subsection (1) shall be made ^^^^'^^^
by the applicant and shall be in the following form:
Form of Affidavit
Province of Ontario In the matter of
County of York (Insert name of corporation)
I of the of
in the of
make oath and say :
affidavit
494
Chap. 54
BUSINESS CORPORATIONS
Sec. 157 (2)
(Where the applicant is a body corporate, indicate office and authority
of deponent).
1. I require a list of the shareholders (debt obligation holders)
(registered warrant holders) of the above-named corporation.
2 . I require the above-mentioned list (s) only for purposes connected
with the above-named corporation.
3. The above-mentioned list(s) and the information contained
therein will be used only for purposes connected with the above-
named corporation.
Sworn, etc.
Idem,
where
applicant
a body
1972, c. 138, s. 45, part.
(3) Where the applicant is a body corporate, the affidavit
shall be made by the president or other officer authorized
corporate by resolution of the board of directors of the body cor-
porate. R.S.O. 1970, c. 53, s. 164 (3).
Use of list
Furnishing
list
Purposes
connected
with
corporation
defined
(4) No person shall use a list obtained under this section,
{a) for the purpose of delivering or sending to all or
any of the shareholders advertising or other printed
matter relating to securities or warrants other than
the securities or warrants of the corporation; or
(b) for any purpose not connected with the corporation.
1972, c. 138, s. 45, part.
(5) Every corporation or transfer agent shall furnish a
list in accordance with subsection (1) when so required. R.S.O.
1970, C..53, s. 164(5).
(6) Purposes connected with the corporation include any
effort to influence the voting of security holders at any
meeting thereof, any offer to acquire shares of the cor-
poration or any effort to effect an amalgamation or reorgani-
zation. 1972, c. 138, s. 45, part.
Trafficking
in lists
Power of
court to
correct
158. No person shall offer for sale or sell or purchase or
otherwise traffic in a list or a copy of a list of all or any of the
security holders or registered warrant holders of a cor-
poration. R.S.O. 1970, c. 53, s. 165; 1972, c. 138, s. 46.
159. — (1) Where the name of a person is, without
sufficient cause, entered in or omitted from the records of a
corporation other than accounting records, or if default is
made or unnecessary delay takes place in entering therein
the fact of any person having ceased to be a security holder
of the corporation, the person or security holder aggrieved,
or any security holder of the corporation, or the corporation
itself, may apply to the court for an order that the records
Sec. 161 (1) BUSINESS CORPORATIONS Chap. 54 495
be rectified, and the court may dismiss such application
or make an order for the rectification of the records and
may direct the corporation to compensate the party aggrieved
for any damage he has sustained.
(2) The court may, in any proceeding under this section, ^ecis^on^
decide any question relating to the entitlement of a person
who is a party to the proceeding to have his name entered
in or omitted from such records whether the question arises
between two or more security holders or alleged security
holders, or between any security holders or alleged security
holders and the corporation.
(3) The court may direct an issue to be tried. ™i!^°'
(4) This section does not deprive any court of any juris- J|?^^^*^io°
diction it otherwise has. R.S.O. 1970, c. 53, s. 166. not
affected
AUDITORS AND FINANCIAL STATEMENTS
160. — (1) Subject to subsection (2), where in a financial year^^Pj^°
all the shareholders of a corporation that, provisions
(a) is not offering its securities to the public;
(b) has five or fewer shareholders; and
(c) has assets not exceeding $500,000 and sales or gross
operating revenues not exceeding $1,000,000, as
shown on the financial statement of the corporation
for the preceding year,
consent in writing, the corporation is exempt from sections 161
and 162, subsections 163 (1) to (3), section 164, and clause 165 (1)
(c) and subsection 165 (3) in respect of the year in which the
consent is given. 1971, c. 26, s. 24.
(2) Subsection (1) does not apply to a subsidiary corporation ^^^^*ry^
unless its holding corporation is exempted under subsection (1) at
the time the consent of the shareholders is given. R.S.O. 1970,
c. 53, s. 167 (2).
161. — (1) The shareholders of a corporation at their first A'^'^*^™
general meeting shall appoint one or more auditors to hold
office until the close of the first annual meeting and, if the
shareholders fail to do so, the directors shall forthwith make
such appointment or appointments.
496
Chap. 54
BUSINESS CORPORATIONS
Sec. 161 (2)
(2) The shareholders shall at each annual meeting appoint
one or more auditors to hold office until the close of the
next annual meeting and, if an appointment is not so made,
the auditor in office continues in office until a successor
is appointed.
Casual
vacancy
(3) The directors may fill any casual vacancy in the office
of auditor, but, while such vacancy continues, the surviving
or continuing auditor, if any, may act.
Removal
of auditor
(4) The shareholders may, by resolution passed by a
majority of the votes cast at a general meeting duly called
for the purpose, remove an auditor before the expiration
of his term of office, and shall by a majority of the votes
cast at that meeting appoint another auditor in his stead for
the remainder of his term.
auditor^" (5) Before calling a general meeting for the purpose
specified in subsection (4), the corporation shall, fifteen days
or more before the mailing of the notice of the meeting,
give to the auditor,
(a) written notice of the intention to call the meeting,
specifying therein the date on which the notice of
the meeting is proposed to be mailed; and
{b) a copy of all material proposed to be sent to share-
holders in connection with the meeting. R.S.O.
1970, c. 53, s. 168 (1-5).
Right of
auditor
to make
repre-
sentations
(6) An auditor has the right to make to the corporation,
three days or more before the mailing of the notice of the
meeting, representations in writing, concerning,
{a) his proposed removal as auditor;
(b) the appointment or election of another person to
fill the office of auditor.; or
(c) his resignation as auditor,
and the corporation, at its expense, shall forward with the
notice of the meeting a copy of such representations to
each shareholder entitled to receive notice of the meeting.
1972, c. 138, s. 47.
Remunera-
tion
(7) The remuneration of an auditor appointed by the
shareholders shall be fixed by the shareholders, or by the
directors if they are authorized so to do by the shareholders.
Sec. 163 (3) BUSINESS CORPORATIONS Chap. 54 497
and the remuneration of an auditor appointed by the
directors shall be fixed by the directors.
(8) If for any reason no auditor is appointed, the court Appo^ment
may, on the application of a shareholder, appx)int one or more
auditors to hold office until the close of the next annual
meeting and may fix the remuneration to be paid by the
corporation for his or their services.
(9) The corporation shall give notice in writing to an Notice of
auditor of his appointment forthwith after the appointment
is made. R.S.O. 1970, c. 53, s. 168 (7-9).
162. — (1) If, in the information circular required by subsec- ^uditorof
tion 116(1), reference is made to action proposed to be taken at an proposal
, - - r ^° appoint
annual meeting of shareholders with respect to the appointment of another
an auditor other than the incumbent auditor, the corporation
shall, fifteen days or more before the mailing of the notice of the
meeting, give to the incumbent auditor written notice of manage-
ment's intention not to recommend his reappointment at the
annual meeting, specifying therein the date on which the notice of
the meeting is proposed to be mailed.
(2) The incumbent auditor has the right to make to the 1^18^^^^^^^.
corporation, three days or more before the mailing of the auditor
notice of the meeting, representations in writing concerning represen-
the proposal not to reappoint him as auditor, and the cor- ^°°*
poration, at its expense, shall forward with the notice of the
meeting a copy of such representations to each shareholder
entitled to receive notice of the meeting. R.S.O. 1970, c.
53. s. 169.
163. — (1) No person shall be appointed or act as auditor P«^°^jgg^
of a corporation who is a director, officer or employee of the as auditors
corporation or of an affiliate of the corporation or who is a
partner, employer or employee of any such director, officer
or employee or who is a related person to any director or
officer of the corp)oration or of an afiihate of the corporation.
(2) No person shall be appointed or act as auditor of a.^^^^
corporation if he or any partner or employer of or related
person to him beneficially owns, directly or indirectly, any
securities of the corporation or of a subsidiary thereof or,
if the corporation is a subsidiary, any securities of its
holding corporation.
(3) Subsection (2) does not apply to a person, partner, ^J^^^)
employer or related person, as the case may be, if the person, does not
partner, employer or related person is not empowered to *pp'^
498
Chap. 54
BUSINESS CORPORATIONS
Sec. 163 (3)
Auditors
not to be
appointed
receivers,
etc.
decide whether securities of the corporation or its holding
corporation, as the case may be, are to be beneficially
owned, directly or indirectly, by him, or if he is not entitled
to vote in respect thereof.
C'iont*ii-ris! £•, 10 /
(4) No person shall be apjiointed a receiver or a receiver
and manager or liquidator of any corporation of which he or
any partner or employer of or a related person to him is the
auditor or has been auditor within the two years preceding
his appointment as receiver or receiver and manager or
liquidator.
Trustee in
bankruptcy
not to be
auditor
R.S.C. 1970,
c. B-3
(5) No person who is appointed a trustee of the estate of a
corporation under the Bankruptcy Act (Canada) or any
partner or employer of or a related person to him shall be
appointed or act as auditor of the corporation. R.S.O.
1970, c. 53, s. 170.
Annual
audit
Auditor'i
report
164. — (1) The auditor shall make such examination as will
enable him to report to the shareholders as required by subsection
(2).
(2) The auditor shall make a report to the shareholders on the
financial statement, other than the part thereof that relates to the
period referred to in subclause 165 (1) (6) (ii), to be laid before the
corporation at any annual meeting during his term of office and
shall state in his report whether in his opinion the financial state-
ment referred to therein presents fairly the financial position of the
corporation and the results of its operations for the period under
review in accordance with generally accepted accounting princi-
ples applied on a basis consistent with that of the preceding
period, if any.
Idem
(3) Where the report under subsection (2) does not contain
the unqualified opinion required thereby, the auditor shall
state in his report the reasons therefor. R.S.O. 1970,
c. 53, s. 171 (1-3).
Facts
discovered
after
statement
(4) Where facts come to the attention of the officers or
directors,
sf:, {a) which could reasonably have been determined prior
to the date of the last annual meeting of the share-
holders; and
><]tfq£
Qj
(b) which if known prior to the date of the last annual
meeting of shareholders, would have required a
material adjustment to the financial statement pre-
sented to the meeting.
Sec. 164 (9) BUSINESS CORPORATIONS Chap. 54 499
the officers or directors shall communicate such facts
to the auditor who reported to the shareholders under this
section and the directors shall forthwith amend the financial
statement and send it to the auditor. 1972, c. 138, s. 48.
# (5) On the receipt of facts furnished under subsection (4) or^^l^^^'^^^
from any other source, the auditor shall, if in his opinion it report
is necessary, amend his report in respect of the financial
statement in accordance with subsection (2) and the directors
or, if they fail to do so within a reasonable time, the auditor
shall mail such amended report to the shareholders.
(6) If the financial statement contains a statement of^*®™
changes in .net assets or a statement of source and apph-
cation of funds, the auditor shall include in his report a
statement whether in his opinion, in effect, the statement of
changes in net assets or the statement of source and appli-
cation of funds presents fairly the information shown
therein.
(7) Whether or not the assets and liabilities and income^"*®™
and expense of any one or more subsidiaries of a holding
corporation are included in the financial statement of the
holding corporation, the report of the auditor of the holding
corporation required by subsection (2) may refer to the reports
of auditors of one or more of such subsidiaries, but such
reference shall not derogate from the duty of the auditor of
the holding corporation to comply with subsection (2).
(8) The auditor in his report shall make such statements ^*®™
as he considers necessary,
(a) if the corporation's financial statement is not in
agreement with its accounting records;
(6) if the corporation's financial statement is not in
accordance with the requirements of this Act;
(c) if he has not received all the information and
explanations that he has required; or
{d) if proper accoimting records have not been kept, so
far as appears from his examination.
(9) The auditor of a corporation has right of access at all Right of
^ ^ &CC688 OuC>
times to aU records, documents, accounts and vouchers of
the corporation and is entitled to require from the directors,
officers and employees of the corporation such information
and explanation as in his opinion are necessary to enable
him to report as required by subsection (2),
500 Chap. 54 BUSINESS corporations Sec. 164 (10)
Idem (10) The auditor of a holding corporation has right of
access at all times to all records, documents, accounts and
vouchers of all subsidiaries of the corporation and is entitled
to require from the directors, officers and employees of each
such subsidiary such information and explanation as in his
opinion are necessary to enable him to report as required
by subsection (2).
^'*®™ (11) Where a subsidiary referred to in subsection (10) is a
body corporate to which this Act does not apply, the holding
corporation shall make available to its auditor the records,
documents, accounts and vouchers of that subsidiary and
shall require the directors, officers and employees of that
subsidiary to make available to its auditor the information
and explanation required by subsection (10).
may attend i^^) ^^^ auditor of a corporation is entitled to attend any
me*ewn°s^^'^^ meeting of shareholders of the corporation and to receive all
notices and other communications relating to any such
meeting that a shareholder is entitled to receive, and to be
heard at any such meeting that he attends on any part of the
business of the meeting that concerns him as auditor.
mMTreaufre ^^^^ ^^y shareholder of a corporation, whether or not he
auditor's is entitled to vote at meetings of shareholders, may, by
attendance .. .. , ". . /^i j ' j
at share- notice m writmg to the corporation given five days or more
meew^gs before any meeting of shareholders, require the attendance
of the auditor at such meeting at the corporation's expense,
and in such event the auditor shall attend the meeting.
Auditors (14) At any meeting of shareholders, the auditor, if present,
answer shall auswer inquiries directed to him concernine: the bases
shareholders' upon which he formed the opinion stated in the report made
meetings ^^^^^ subsection (2). R.S.O. 1970, c. S3, s. 171 (5-14).
i^ormation \ 55^ — (i) The directors shall lay before each annual meeting
before annual of shareholders,
meeting
(a) in the case of a corporation that is not offering its
securities to the public, a financial statement for the
period that commenced on the date of incorporation
and ended not more than six months before the
annual meeting or, if the corporation has completed
a financial year, that commenced immediately after
the end of the last completed financial year and
ended not more than six months before the annual
meeting, as the case may be, made up of,
(i) a statement of profit and loss for such period.
Sec. 166 (1) (a) business corporations Chap. 54 SOI
(ii) a statement of surplus for such period, and
(iii) a balance sheet as at the end of such period;
(b) in the case of a corporation that is offering its
securities to the public, the financial statement
required to be filed under the Securities Act and the R s.o. i980,
regulations thereunder relating separately to,
(i) the period that commenced on the date of
incorporation and ended as of the close
of the first financial year or, if the corporation
has completed a financial year, the last finan-
cial year, as the case may be, and
(ii) the period covered by the financial year next
preceding the last financial year, if any;
(c) the report of the auditor to the shareholders; and
{d) such further information respecting the financial
position of the corporation as the articles or by-laws
of the corporation require. R.S.O. 1970, c. 53,
s. 172 (1); 1978. c. 49, s. 7 (1).
(2) It is not necessary to designate the statements referred to in Designation
clause (1) (a) as the statement of profit and loss, statement of statements
surplus and balance sheet. 1978, c. 49, s. 7 (2).
(3) The reference in clause (1) (a) to an annual meeting of a idem
corporation includes the completion of the action otherwise
required to be taken at an annual meeting in accordance with
section 22 and subsection 105 (2).
(4) Subject to subsection 105 (2), the report of the auditor to the Auditor's
shareholders shall be read at the annual meeting and shall be open be read
to inspection at the meeting by any shareholder. 1972, c. 138,
s. 49.
166.— (1) The statement of profit and loss to be laid statement
before an annual meeting shall be drawn up so as to pre- and loss
sent fairly the results of the operations of the corporation
for the period covered by the statement and so as to
distinguish severally at least,
(fl) the operating profit or loss before including or pro-
viding for other items of income or expense that
are required to be shown separately;
502
Chap. 54
BUSINESS CORPORATIONS Sec. 166 (1) (6)
(b) income from investments in subsidiaries whose
financial statements are not consolidated with those
of the corporation;
(c) income from investments in affiliated corporations
other than subsidiaries;
(d) income from other investments;
(e) non-recurring profits and losses of significant
amount including profits or losses on the disposal
of capital assets and other items of a special nature
to the extent that they are not shown separately
in the statement of earned surplus ;
(f) any provision for depreciation or for obsolescence
or for depletion;
I (g) amounts written off for goodwill or amortization
of any other intangible assets to the extent that
they are not shown separately in the statement of
earned surplus;
(h) interest on indebtedness initially incurred for a term
of more than one year, including amortization
of debt discount or premium and expense;
(i) taxes on income imposed by any taxing authority,
and shall show the net profit or loss for the financial period.
R.S.O. 1970, c. 53, s. 173 (1); 1971, c. 26, s. 26; 1978, c. 49,
s. 8(1).
Notes
(2) Notwithstanding subsection (1), items of the natures
described in clauses (1) (/) and ig) may be shown by way of note to
the statement of profit and loss. R.S.O. 1970, c. S3, s. 173 (2);
1972, c. 138, s. SO (3); 1978, c. 49, s. 8 (2).
ofsirSus* 167. — (1) The statement of surplus to be laid before an
annual meeting shall be drawn up so as to present fairly
the transactions reflected in the statement and shall show
separately a statement of contributed surplus and a state-
ment of earned surplus.
sStIub'^^*^ (2) The statement of contributed surplus shall be drawn
up so as to include and distinguish at least the following
items :
Sec. 167 (3) 1l3 business corporations Chap. 54 503
1. The balance of such surplus at the end of the pre-
ceding financial period.
2. The additions to and deductions from such surplus
during the financial period including,
i. the amount of surplus arising from the issue
of shares or the reorganization of the cor-
poration's issued capital, including inter alia,
a. the amount of premiums received on
the issue of shares at a premium,
b. the amount of surplus realized on the
purchase for cancellation of shares,
and
ii. donations of cash or other property by share-
holders.
3. The balance of such surplus at the end of the
financial period.
(3) The statement of earned surplus shall be drawn up so Earned
... . , , -1 f 11 • • surDlus
as to distmguish at least the followmg items :
surplus
1. The balance of such surplus at the end of the pre-
ceding financial period.
2. The additions to and deductions from such surplus
during the financial period and without restricting
the generality of the foregoing at least the follow-
ing:
i. The amount of the net profit or loss for the
financial period.
ii. The amount of dividends declared on each
class of shares.
iii. The amount transferred to or from reserves.
3. The balance of such surplus at the end of the
financial period. R.S.O. 1970, c. 53, s. 174.
504 Chap. 54 BUSINESS corporations Sec. 168 (1)
Balance 168. — (1) The balance sheet to be laid before an annual
meeting shall be drawn up so as to present fairly the financial
position of the corporation as at the date to which it is
made up and so as to distinguish severally at least the
following :
1. Cash.
2. Debts owing to the corporation from its directors,
officers or shareholders, except debts of reasonable
amount arising in the ordinary course of its business
that are not overdue having regard to its ordinary
terms of credit.
3. Debts owing to the corporation, whether on account
of a loan or otherwise, from subsidiaries whose
financial statements are not consolidated with those
of the corporation.
4. Debts owing to the corporation, whether on account
of a loan or otherwise, from affiliated corporations
other than subsidiaries.
5. Other debts owing to the corporation segregating
those that arose otherwise than in the ordinary
course of its business.
6. Inventory, stating the basis of valuation.
Shares, bonds, debentures and other investments
owned by the corporation, except those referred to
in paragraphs 8 and 9, stating their nature and the
basis of their valuation and showing separately
those that are marketable with a notation of their
market value.
8. Securities of subsidiaries whose financial statements
are not consolidated with those of the corporation,
stating the basis of valuation.
9. Securities of affiliated corporations other than sub-
sidiaries, stating the basis of valuation.
Sec. 168 (1) H 15 BUSINESS CORPORATIONS Chap. 54 505
10. Lands, buildings, and plant and equipment, stating
the basis of valuation, whether cost or otherwise,
and, if valued on the basis of an appraisal, the date
of appraisal, the name of the appraiser, the basis
of the appraisal value and, if such appraisal took
place within five years preceding the date to which
the balance sheet is made up, the disposition in the
accounts of the corporation of any amounts added
to or deducted from such assets on appraisal and
also the amount or amounts accumulated in resjject
of depreciation, obsolescence and depletion.
11. There shall be stated under separate headings, in so
far as they are not written off,
i. expenditures on account of future business,
ii. any expense incurred in connection with any
issue of shares.
iii. any expense incurred in connection with any
issue of debt obligations, including any dis-
count thereon, and
iv. any one or more of the following: goodwill,
franchises, patents, copyrights, trade marks
and other intangible assets and the amount,
if any, by which the value of any such assets
has been written up within a period of five
years preceding the date to which the balance
sheet is made up.
12. The aggregate amount of any outstanding loans or
guarantees under clauses 16 (2) (c) and (d).
13. Bank loans and overdrafts.
14. Debts owing by the corporation on loans from its
directors, officers or shareholders.
15. Debts owing by the corporation to subsidiaries
whose financial statements are not consolidated
with those of the corporation, whether on accoimt
of a loan or otherwise.
506 Chap. 54 BUSINESS CORPORATIONS Sec. 168 (1) III6
16. Debts owing by the corporation to affiliated cor-
porations other than subsidiaries, whether on account
of a loan or otherwise.
17. Other debts owing by the corporation, segregating
those that arose otherwise than in the ordinary
course of its business.
18. Liability for taxes, including the estimated liability
for taxes in respect of the income of the period
covered by the statement of profit and loss.
19. Dividends declared but not paid.
20. Deferred income.
21. Debt obligations issued by the corporation, stating
the interest rate, the maturity date, the amount
outstanding and the existence of sinking fund,
redemption requirements and conversion rights, if
^^y- , sulfide i
22. The authorized capital, giving the number of each
' class of shares and a brief description of each such
class, and indicating therein any class of shares that
is redeemable and the redemption price thereof.
23. The issued capital, giving the number of shares of
■^_y each class issued and outstanding and the amount
received therefor that is attributable to capital, and
showing,
i. the number of shares of each class issued since
the date of the last preceding balance sheet
and the value attributed thereto, distinguish-
ing shares issued for cash, shares issued for
services and shares issued for other consider-
ation, and
ii. where any shares issued before this Act comes
into force have not been fully paid,
.■ >4L6o! a. the number of shares in respect of which
calls have not been made and the
aggregate amount that has not been
called, and
b. the number of shares in respect of which
calls have been made and not paid and
Sec. 169 (3) 1l2 business corporations Chap. 54 507
the aggregate amount that has been
called and not paid.
24. Contributed surplus.
25. Earned surplus.
26. Reserves, showing the amounts added thereto and
the amounts deducted therefrom during the financial
period.
27. The number of common shares of the corporation
purchased and the number of the common shares
of the corporation resold since the date of the last
preceding balance sheet, giving the date of each such
purchase and resale and the price at which each
such purchase or resale was made. R.S.O. 1970,
c. 53, s. 177(1); 1971, c. 26, s. 27.
(2) Explanatory information or particulars of any item n°**"
mentioned in subsection (1) may be shown by way of note
to the balance sheet. R.S.O. 1970, c. 53, s. 177 (2).
169. — (1) There shall be stated by way of note to the Jf^^i^j
financial statement particulars of any change in accounting statement
principle or practice or in the method of applying any
accounting principle or practice made during the f)eriod covered
that affects the comparability of any of the statements
with any of those for the preceding period, and the effect, if
material, of any such change upon the profit or loss for the
f)eriod.
(2) For the purpose of subsection (1), a change in account- ^^t\°
ing principle or practice or in the method of applying any practice
accounting principle or practice affects the comparability of
a statement with that for the preceding period, even though
such change did not have a material effect upon the profit
or loss for the period. R.S.O. 1970, c. 53, s. 178 (1,2).
(3) Where applicable, the following matters shall be Me™
referred to in the financial statement or by way of note
thereto :
1. The basis of conversion of amounts from currencies
other than the currency in which the financial state-
ment is expressed.
2. Foreign currency restrictions that affect the assets
of the corporation.
508 Chap. 54 BUSINESS corporations Sec. 169 (3) 1l3
3. Contractual obligations that will require abnormal
expenditures in relation to the corporation's normal
business requirements or financial position or that are
likely to involve losses not provided for in the
accounts.
4. Material contractual obligations in respect of long-
term leases, including, in the year in which the
transaction was effected, the principal details of any
sale and lease transaction.
5. Contingent liabilities, stating their nature and,
where practicable, the approximate amounts in-
volved.
6. Any liability secured otherwise than by operation of
law on any asset of the corporation, stating the
liability so secured.
oJorr
7. Any default of the corporation in principal, interest,
sinking fund or redemption provisions with respect
to any issue of its debt obligation or credit agree-
ments.
^'- 8. The gross amount of arrears of dividends on any
-Mutrt j^nrln class of shares and the date to which such dividends
were last paid.
<p.i-jfx9. Where a corporation has contracted to issue shares
I'i ' or has given an option to purchase shares, the
. V'- class and number of shares affected, the price and
the date for issue of the shares or exercise of the
option.
-ihUDD
>Lix3--q T^f 10. Where a corporation has contracted to purchase or
^ resell common shares, the number of shares affected
and price and date for the purchase or resale.
11. The aggregate direct remuneration paid or payable
by the corporation and its subsidiaries whose
.TM. financial statements are consolidated with those of
the corporation to the directors and the senior
officers and, as a separate amount, the aggregate
direct remuneration paid or payable to such directors
^f„^^^ and senior officers by the subsidiaries of the cor-
poration whose financial statements are not con-
solidated with those of the corporation.
,^ 12. In the case of a holding corporation, the aggregate
of any shares in, and the aggregate of any debt
Sec. 170 (2) BUSINESS CORPORATIONS Chap. 54 509
obligations of, the holding corporation held by sub-
sidiary corporations whose financial statements
are not consolidated with those of the holding cor-
poration.
13. The amount of any loans by the corporation, or by
a subsidiary corporation, otherwise than in the
ordinary course of business, during the corporation's
financial period, to the directors or officers of the
corporation.
14. Any restriction by the articles or by-laws of the
corporation or by contract on the payment of
dividends that is significant in the light .of the
corporation's financial position.
15. Any event or transaction, other than one in the
normal course of business operations, between the
date to which the financial statement is made up and
the date of the auditor's report thereon that
materially affects the financial statement. R.S.O.
1970, c. 53, s. 178 (3), pare. 1-15.
16. Brief particulars of any action to which the cor-
poration is a party commenced under section 97
during the period. R.S.O. 1970, c. S3, s. 178 (3), par.
17.
(4) A note to a financial statement is a part of it. R.S.O. 1970, i^^^™
c. 53, s. 178 (4); 1972, c. 138, s. 51, part.
170. — (1) A corporation, in this section referred to as "the ^^"'
holding corporation", to which clause 165 (1) (a) applies, may financial
include in the financial statement to be submitted at an annual
meeting the assets and liabilities and income and expense of any
one or more of its subsidiaries, making due provision for minority
interests, if any, and indicating in such financial statement that it
is presented in consolidated form. R.S.O. 1970, c. 53, s. 179 (1);
1978, c. 49, s. 11 (1).
(2) Where the ass^s and liabilities and income and expense ^o°Moiidated
of any one or more subsidiaries of the holdiner corporation financial
•^ o I- statements
are not sq included in the financial statement of the holding
corporation.
510 Chap. 54 BUSINESS CORPORATIONS SeC. 170 (2) (fl)
(a) the financial statement of the holding corporation
shall include a statement setting forth,
(i) the reason why the assets and liabilities and
income and expense of such subsidiary or sub-
sidiaries are not included in the financial
statement of the holding corporation,
(ii) if there is only one such subsidiary, the amount
of the holding corporation's proportion of the
profit or loss of the subsidiary for the financial
period coinciding with or ending in the
financial period of the holding corporation,
or, if there is more than one such subsidiary,
the amount of the holding corporation's
proportion of the aggregate profits less losses,
or losses less profits, of all the subsidiaries
,,,,,.., for the respective financial periods coinciding
j^rf j with or ending in the financial period of the
holding corporation.
(iii) the amount included as income from such sub-
sidiary or subsidiaries in the statement of
profit and loss of the holding corporation and
the amount included therein as a provision
for the loss or losses of the subsidiary or
subsidiaries.
(iv) if there is only one such subsidiary, the amount
of the holding corporation's proportion of the
undistributed profits of the subsidiary earned
since the acquisition of the shares of the
subsidiary by the holding corporation to
the extent that such amount has not been
taken into the accounts of the holding cor-
poration, or, if there is more than one such
subsidiary, the amount of the holding cor-
poration's proportion of the aggregate undis-
tributed profits of all the subsidiaries earned
since the acquisition of their shares by the
holding corporation less its proportion of
the losses, if any, suffered by any subsidiary
since the acquisition of its shares to the
extent that such amount has not been taken
into the accounts of the holding corporation,
Sec. 170(3) BUSINESS CORPORATIONS Chap. 54 511
(v) any qualifications contained in the report of
the auditor of any such subsidiary on its
financial statement for the financial period
ending as aforesaid, and any note or reference
contained in that financial statement to call
attention to a matter that, apart from the
note or reference, would properly have been
referred to in such a qualification, in so far
as the matter that is the subject of the
qualification or note is not provided for by
the corporation's own financial statement
and is material from the point of view of its
shareholders ;
(b) if for any reason the directors of the holding cor-
poration are unable to obtain such information as is
necessary for the preparation of the statement
that is to be included in the financial statement of
the holding corporation, the directors who sign the ";
financial statement shall so report in writing and
their report shall be included in the financial state-
ment in lieu of the statement ;
(c) if, in the opinion of the auditor of the holding
corporation, adequate provision has not been made
in the financial statement of the holding corporation
for the holding corporation's proportion,
(i) where there is only one such subsidiary, of
the loss of the subsidiary suffered since
acquisition of its shares by the holding cor-
poration, or
(ii) where there is more than one such subsidiary,
of the aggregate losses suffered by the sub-
sidiaries since acquisition of their shares by
the holding corporation in excess of its
proportion of the undistributed profits, if
any, earned by any of the subsidiaries since
such acquisition,
the auditor shall state in his report the additional
amount that in his opinion is necessary to make full
provision therefor. R.S.O. 1970, c. 53, s. 179 (2).
(3) Whether or not the assets and liabilities and income g^i^gfl^^
and expense of any one or more subsidiaries of a holding statements
corporation to which either clause 165 (1) (a) or (b) applies are
included in the financial statement of the holding corporation,
true copies of the latest financial statement of the subsidiary or
subsidiaries shall be kept on hand by the holding corporation at its
head office and shall be open to examination by the shareholders
512
Chap. 54
BUSINESS CORPORATIONS
Sec. 170(3)
of the holding corporation on request during the normal business
hours of the holding corporation, but the directors of the holding
corporation may by resolution refuse the right of such examination
if the examination would be unduly detrimental to the interests of
the corporation or the subsidiary or subsidiaries. R.S.O. 1970,
c. 53, s. 179 (3); 1978, c. 49, s. 11 (2).
SettinR
aside
resolution
(4) A resolution referred to in subsection (3) may, on the appli-
cation of any shareholder,
{a) be set aside by the Commission where the cor-
poration is offering its securities to the public ; or
(6) be set aside by the court where the corporation is
not offering its securities to the public. R.S.O. 1970,
c. 53, s. 179 (4).
Insig:ni-
flcant
circum-
stances
171. Notwithstanding sections 166 to 170, it is not necessary
to state in a financial statement any matter that in all the
circumstances is of relative insignificance. R.S.O. 1970,
c. 53, s. 180.
Reserve
172. In a financial statement, the term "reserve" shall
be Used to describe only.
(a) amounts appropriated from earned surplus at the
discretion of management for some purpose other
than to meet a liability or contingency known or
a admitted or a commitment made as at the state-
ment date or a decline in value of an asset that has
already occurred;
(6) amounts appropriated from earned surplus pur-
suant to the articles or by-laws of the corporation
for some purpose other than to meet a liability or
contingency known or admitted or a commitment
made as at the statement date or a decline in value
of an asset that has already occurred ; and
(c) amounts appropriated from earned surplus in accord-
ance with the terms of a contract and that can be
restored to the earned surplus when the conditions
of the contract are fulfilled. R.S.O. 1970, c. 53, s. 181.
Audit
committee
173. — (1) The directors of a corporation that is offering
its securities to the public shall elect annually from among
their number a committee to be known as the audit com-
mittee to be composed of not fewer than three directors,
of whom a majority shall not be officers or employees of the
Sec. 175 (3) BUSINESS CORPORATIONS Chap. 54 513
corporation pr an affiliate of the corporation, to hold office
until the next annual meeting of the shareholders.
(2) The members of the audit committee shall elect a chairman
chairman from among their number.
(3) The corporation shall submit the financial statement Review
to the audit committee for its review and the financial
statement shall thereafter be submitted to the board of
directors.
(4) The auditor has the right to appear before and be Hearing of
heard at any meeting of the audit committee and shall
appear before the audit committee when required to do so
by the committee.
(5) Upon the request of the auditor, the chairman of therein
audit committee shall convene a meeting of the committee to
consider any matters the auditor believes should be brought
to the attention of the directors or shareholders. R.S.O.
1970, c. 53, s. 182.
(6) The auditor of a corporation shall be entitled toRi^i^tof
^ ' ^ auditor to
attend and be heard at meetings of the board of directors be heard
of the corporation on matters relating to his duties as
auditor. 1972, c. 138, s. 52.
174. The financial statement shall be approved by thei Approval by
board of directors and the approval shall be evidenced by
the signature at the foot of the balance sheet by two of
the directors duly authorized to sign or by the director where
there is only one and the auditor's report, unless the
corporation is exempt under section 160, shall be attached
to or accompany the financial statement. R.S.O. 1970, c. 53,
s. 183; 1972, c. 138, s. 53.
175. — (1) A corporation that is offering its securities ^^^*^of
to the public shall, twenty-one days or more before the statement
to sh&i*6—
date of the annual meeting of shareholders, send by pre- holders
paid mail to each shareholder at his latest address as
shown on the records of the corporation a copy of the
financial statement and a copy of the auditor's report.
(2) The directors of such corporation shall send by pre- ^^®™
paid mail to each such shareholder a copy of any financial
statement and auditor's report amended under subsections
164 (4) and (5). R.S.O. 1970, c. 53, s. 184 (1, 2).
(3) A shareholder of a corporation that is not offering ^^*^^^,.
its securities to the public is entitled to be furnished o° 'demand
514
Chap. 54
BUSINESS CORPORATIONS
Sec. 175 (3)
by the corporation on demand with a copy of the financial
statement and, unless the corporation is exempt under
section 160 a copy of the auditor's report. 1972, c. 138, s. 54.
Interim
financial
statements
R.S.O. 1980,
c. 466
176. — (1) A corporation that is offering its securities to
the public shall send to each shareholder a copy of an interim
financial statement required to be filed under the Securities Act
and the regulations thereunder.
Distribution
to
shareholders
(2) The interim financial statement required by sub-
section (1) shall be sent by prepaid mail to each shareholder,,
within sixty days of the date to which it is made up, at his
latest address as shown on the records of the corporation.
1978, c. 49, s. 12.
INVESTIGATIONS
Investiga-
tions and
audits
177. — (1) Upon application by a shareholder of a corpora-
tion, the court, if satisfied that the application is made in
good faith and that it is prima facie in the interests of
the corporation or the holders of its securities to do so, may
make an order, upon such terms as to the costs of the
investigation or audit or otherwise as to the court seems
fit, appointing an inspector to investigate the affairs and
management of the corporation or any affiliate of the
corporation, or both, and to audit the accounts and records
of the corporation or any affiliate thereof named in the
order.
Idem
(2) An order may be made under subsection (1) whether
or not there has been disclosure to the shareholders of the
corporation of information relating to any matter on the
basis of which the order is made.
Production
of accounts
and records
(3) Every director, officer, agent, employee, banker and
auditor of the corporation or of any affiliate of the corpora-
tion named in the order and every other person shall pro-
duce for the examination of the inspector all accounts and
records of or relating to the corporation or affiliate in their
custody or control.
maybe^*^^°° (4) The inspector may examine upon oath any present
upon oath or former director, officer, agent or employee of the corpora-
tion or affiliate in relation to its affairs, management,
accounts and records.
ordM^for (^) ^^^ court may, on the application of the inspector,
examination on such terms and conditions as it sees fit, order any person
Sec. 180 (1) (6) BUSINESS CORPORATIONS Chap. 54 515
not mentioned in subsection (4) to attend and be examined
under oath before the inspector on any matter relevant
to the investigation or audit. R.S.O. 1970, c. 53. s. 186 (1-5).
(6) Every director, officer, agent, employee, banker or offences
auditor who refuses to produce any account or record refer-
red to in subsection (3) and every person examined under
subsection (4) or subsection (5) who refuses to answer any
question related to the affairs and management of the
corporation or any affiliate is guilty of an offence under
section 250, in addition to any other liability to which he
is subject. 1971, c. 26, s. 31.
(7) The insf)ector shall make a report to the court and ^^^^'^'*
shall forward a copy of the report to the corporation and
any affiliate of the corporation named in the order and to
the person who made the application under subsection (1).
R.S.O. 1970, c. 53, s. 186 (7).
178. — (1) A corporation may, by resolution passed at c<MT>oraWon
an annual meeting of shareholders or a general meeting of inspector
shareholders called for that purpose, appoint an inspector purpose
to investigate its affairs and management.
(2) The inspector appointed under subsection (1) has the ^°^|"of°'^
same powers and shall perform the same duties as an inspector
inspector appointed under section 177 and he shall make his
report in such manner and to such persons as the corpora-
tion by resolution of the shareholders directs. R.S.O. 1970,
c. 53. s. 187.
179. A copy of the report of the inspector authenticated ^p^^.^j^
by the court or in the case of an investigation under i°
DrocG6di utrs
section 178 by the inspector is admissible in any legal pro-
ceeding as evidence of the opinion of the inspector in
relation to any matter contained in the report. R.S.O. 1970,
c. 53. s. 188.
REORGANIZATION
Amendment of Articles
180. — (1) A corporation may, from time to time, amend Amendments
its articles of incorporation to,
{a) change its name ;
(6) extend, limit or otherwise vary its objects ;
516
v,r;!f.
Authoriza-
tion
Idem
Chap. 54 BUSINESS corporations Sec. 180 (1) (c)
(c) increase its authorized capital ;
{d) decrease,
(i) its authorized capital by cancelling shares,
whether issued or unissued and whether with
par value or without par value, or by
reducing the par value of issued or unissued
shares, or
(ii) its issued capital, if it has shares without
par value,
and, where it has more capital than it requires,
to authorize the repayment of capital to the share-
holders to the extent that the issued capital is de-
creased in any way under this clause ;
(e) redivide its authorized capital into shares of lesser
or greater par value ;
(/) consolidate or subdivide any of its shares without
par value ;
(g) change any of its shares with par value into
shares without par value ;
(h) change any of its shares without par value into
shares with par value ;
{i) redesignate any class of shares ;
(j) reclassify any shares with or without par value
into shares of a different class ;
(k) delete or vary any provision in its articles ;
(l) provide for any other matter or thing that is
authorized by this Act to be set out in the articles
or that could be the subject of a by-law of the
corporation ;
(m) provide for restrictions on the transfer of the shares
or any class thereof.
(2) An amendment under clauses (1) (a) to (/) shall be authorized
by a special resolution.
(3) An amendment under clause (1) (m) shall be authorized by a
resolution of the board of directors and confirmed in writing,
Sec. 180 (6) BUSINESS CORPORATIONS Chap. 54 517
{a) by 100 per cent of the shareholders; or
{b) by at least 95 per cent of the shareholders holding
at least 95 per cent of the issued capital,
but, in the case of confirmation under clause (b), the resolution
is not effective until twenty-one days notice of the resolution
has been given by sending the notice to each shareholder to
his latest address as shown on the records of the corpora-
tion and only if at the expiration of the twenty-one days
none of the shareholders has dissented in writing to the
corporation. R.S.O. 1970, c. 53. s. 189 (1-3).
(4) Notwithstanding subsection (3), if an amendment under m«™
clause (1) (m) is to provide for the restrictions permitted by subsec-
tion 45 (2), such amendment shall be authorized by a special
resolution. 1971, c. 26, s. 32,
(5) If the amendment is to delete or vary a preference, Additional
., ... .. .... ,., .. authorlza-
right, condition, restriction, limitation or prohibition at- tionfor
taching to a class of special shares or to create special of rightsof
shares ranking in any respect in priority to or on a parity lEareh^oidera
with an existing class of special shares, then, in addition to
the confirmation required by subsection (2), the resolution is not
effective until it has been confirmed,
(a) by 100 per cent of the holders of the shares of such
class or classes of shares in writing; or
{b) in writing by at least 95 per cent of the holders of
the shares of such class or classes of shares holding
at least 95 per cent of the issued shares of such
class or classes and after twenty-one days notice
of the resolution and confirmation has been given by
sending the notice to each of the holders of shares
of such class or classes to his latest address as
shown on the records of the corporation and only
if at the expiration of twenty-one days none of
the holders of such class or classes has dissented in
writing to the corporation ; or
(c) if the articles so provide, by at least two-thirds
of the votes cast at a meeting of the holders of
such class or classes of shares duly called for that
purpose or such greater proportion of the votes
cast as the articles provide,
and by such additional authorization as the articles provide.
(6) Where an amendment to the articles that could be Exception
made under this section is made as part of an arrange-
518
Chap. 54
BUSINESS CORPORATIONS
Sec. 180(6)
ment under sections 184, 185 and 186, the procedure pro-
vided for in those sections and not the procedure provided
for in this section applies to the amendment.
Special Act ^ (7) xhis sectioH does not apply to a corporation incor-
excepted porated by special Act, except that a corporation incor-
porated by special Act may under this section amend its
articles to change its name. R.S.O. 1970, c. 53, s. 189 (4-6).
Articles of
amendment
181. — (1) For the purpose of bringing an amendment to
the articles into effect, the corporation shall deliver to the
Minister, within six months after the resolution has become
effective, articles of amendment in duplicate, executed
under the seal of the corporation and signed by two officers,
or by one director and one officer, of the corporation setting
out,
(a) the name of the corporation ;
{b) a certified copy of the resolution;
(c) that the amendment has been duly authorized as
required by subsections 180 (2), (3), (4) and (5); and
(hi
(d) the date of the confirmation of the resolution by
the shareholders.
Idem
(2) The articles of amendment shall not change the name
of the -corporation or decrease the authorized or issued
capital of the corporation if.
Evidence
Minister may
require
(a) it is insolvent; or
fi (6) the amendment would render the corporation in-
solvent.
(3) The Minister may, if he thinks fit, require evidence
that establishes to his satisfaction,
(a) that the corporation is not insolvent;
' , (b) that a decrease in authorized or issued capital will
not render the corporation insolvent; and
(c) that no creditors object to the amendment. 1979,
c. 36, s. 12.
Certificate 182. — (1) Upou receiving duplicate original articles of
amendment amendment, all other required documents executed in ac-
Sec. 183 (3) (c) business corporations Chap. 54 519
cordance with this Act and the prescribed fee, the Minister
shall,
(a) endorse on each of the duplicate original articles a
certificate setting out the day, month and year of
endorsement and the corporation number;
(b) file one duplicate original in his office; and
(f) return to the corporation or its agent the other
duplicate original.
(2) The certificate endorsed in accordance with subsection Effect of
certificate
(1) constitutes the certificate of amendment to the articles of
incorporation and, upon the date set out in the certificate,
the articles of incorporation are amended accordingly. 1979,
c. 36, s. 13.
Restatement of A rticles
183. — (1) A corporation may at any time restate its articles Restatement
. , r 1 , of articles
of mcorporation as theretofore amended.
(2) For the purpose of bringing the restated articles into Filing o^
effect, the corporation shall deliver to the Minister the
restated articles in duplicate, executed under the seal of the
corporation and signed by two officers, or by one director
and one officer, of the corporation setting out,
(a) all the provisions that are' then set out in the
original articles of incorporation as theretofore
amended; and
(b) a statement that the restated articles correctly
set out without change the corresponding provisions
of the original articles as theretofore amended.
(3) Upon receiving duplicate original restated articles of Restatement
incorporation restated in accordance with this Act and the certificate
prescribed fee, the Minister shall,
(a) endorse on each of the duplicate original restated
articles a certificate setting out the day, month and
year of endorsement and the corporation number ;
(6) file one of the duplicate originals in his office ; and
(f) return to the corporation or its agent the other
duplicate original.
520 Chap. 54 business corporations Sec. 183 (4)
Effect of (4) xhe certificate endorsed in accordance with subsection
(3) constitutes the restated certificate of incorporation of the
corporation and the restated articles of incorporation become
effective upon the date set out therein and supersede the
original articles of incorporation and all amendments thereto.
1979, c. 36, s. 14.
Arrangements
tat?r' 184. — (1) In this section and sections 185 and 186,
"arrangement" includes a reorganization of the authorized
' capital of a corporation and also includes,
(a) the consolidation of shares of different classes ;
{b) the reclassification of shares of one class into shares
of another class ;
(c) the variation of the designations, preferences, rights,
conditions, restrictions, limitations or prohibitions
attaching to shares of any class ; and
(d) a reconstruction under which a corporation transfers
'" or sells, or proposes to transfer or to sell, to another
body corporate the whole or a substantial part of
its undertaking for a consideration consisting in
whole or in part of securities of the other body
corporate and under which it proposes to distribute
a part of that consideration among its shareholders
of any class, or to cease carrying on its under-
taking or that part of its undertaking so transferred
or sold or so proposed to be transferred or sold.
Arrangement (2) Subject to section 186, a corporation may make an
arrangement,
{a) that affects the rights of all its shareholders; or
(b) that affects the rights of only holders of a parti-
cular class of its shares.
Subsidiaries (3) Where a corporation proposing an arrangement has
one or more subsidiaries, any one or more of the sub-
sidiaries may join in the arrangement with the holding
corporation in one scheme. R.S.O. 1970, c. 53, s. 193.
Scheme of 185. — (1) A corporation proposing an arrangement shall
prepare a scheme for the purpose, prescribing in detail what
is to be done and the manner in which it is to be effected.
Sec. 186 (1) (a) business corporations Chap. 54 521
(2) The corporation shall submit the scheme to the share- f"g£^r^.^°°
holders, or to the class of them affected, as the case may holders
be, at a meeting duly called by the corporation for the
purpose of considering the scheme.
(3) Where a meeting of the shareholders or of any class o°notk5^
or classes of shareholders is called under subsection (2), ^^^^"^
the notice calling the meeting shall contain a statement
explaining the effect of the arrangement and in particular
stating any interest of the directors of the corporation,
whether as directors or as shareholders of the corporation
or otherwise, and the effect thereon of the arrangement in
so far as it is different from the effect on the like interest of
other persons.
(4) If the shareholders of the corporation or of the class b^^hare^
or classes affected, as the case may be, present in person or holders
by proxy at the meeting, agree, by a vote of at least
three-fourths of the shares of each class represented, to the
arrangement either as proposed or as varied at the meeting,
the scheme shall be deemed to have been adopted.
(5) Where the scheme is deemed to have been adopted, ^^^^^^
the corporation may apply to the court for an order ap-
proving the scheme.
(6) The corporation shall notify the Minister and unless Notice
the court otherwise directs, each of its dissentient share-
holders, in such manner as the court may direct, of the time
and place when the application for the approving order
will be made.
(7) The Minister may appoint counsel to assist the court counsel
upon the hearing of an application under this section.
(8) The court shall hear and determine the matter and ^^^^
may approve the scheme as presented or may approve it,
subject to compliance with such terms and conditions as it
thinks fit, having regard to the rights and interests of the
dissentient shareholders, or any of them. R.S.O. 1970,
c. 53, s. 194.
186. — (1) For the purpose of bringing a scheme into Scheme
effect, the corporation shall, within six months of the ap-
proval of the scheme by the court, deliver to the Minister a
statement in duplicate executed under the seal of the cor-
poration and signed by two officers, or by one director and
one officer, of the corporation setting out,
(a) the name of the corporation;
522
Certificate
Effect of
certificate
Chap. 54 BUSINESS corporations Sec. 186 (1) (b)
(b) a certified copy of the scheme;
(f ) a certified copy of the order of the court ; and
(d) that the terms and conditions, if any, to which the
scheme is made subject by the order have been
comphed with.
(2) Upon receiving the dupHcate original statements,
all other required documents executed in accordance with
this Act, and the prescribed fee, the Minister shall,
(a) endorse on each of the duplicate original statements
a certificate setting out the day, month and year
of the endorsement and the corporation number;
(6) file one of the duplicate originals in his office ; and
(c) return to the corporation or its agent the other
duplicate original.
(3) Upon the date set out in the certificate endorsed in
accordance with subsection (2), the scherne becomes effective
and constitutes an amendment to the articles. 1979, c. 36,
s. 15.
'icnii
Amalgamations and Continuations
Amalga-
mation
187. — (1) Any two or more corporations, including hold-
ing or subsidiary corporations, may amalgamate and con-
tinue as one corporation. R.S.O. 1970, c. 53, s. 196 (1).
Agreement
(2) The corporations proposing to amalgamate shall enter
into an agreement for the amalgamation, prescribing its terms
and conditions of the amalgamation and the mode of
carrying the amalgamation into effect, and, in particular
the agreement shall set out,
(a) the name of the amalgamated corporation ;
(6) the objects of the amalgamated corporation;
(c) the place in Ontario where the head office of the
amalgamated corporation is to be located, giving
the municipality and the county or district or,
where the head office is to be located in territory
without municipal organization, the geographic
Sec. 187 (3) BUSINESS CORPORATIONS Chap. 54 523
- . township and district, and giving the street and
number, if any ;
{d) the authorized capital of the amalgamated corpora-
tion, the classes of shares, if any, into which it is
to be divided, the number of shares of each class,
and the par value of each share, or, where the
shares are to be without par value, the considera-
tion, if any, exceeding which each share may not
be issued or the aggregate consideration, if any,
exceeding which all the shares of each class may
not be issued ;
{e) where there are to be special shares, the designa-
tions, preferences, rights, conditions, restrictions,
limitations or prohibitions applying to them or
each class of them ;
(/) the restrictions, if any, to be placed on the transfer
of its shares, or any class thereof;
ig) the names in full and the residence address, giving
the street and number, if any, of each person who
is to be a first director of the amalgamated
corporation ;
(A) the time and manner of election of the subsequent
directors of the amalgamated corporation ;
(i) whether or not the by-laws of the amalgamated
corporation are to be those of one of the amalgama-
ting corporations, and, if not, a copy of the pro-
posed by-laws of the amalgamated corporation;
ij) the manner in which the issued shares of each of
the amalgamating corporations are to be converted
into issued shares of the amalgamated corporation;
{k) such other details as may be necessary to perfect
the amalgamation and to provide for the subsequent
management and operation of the amalgamated
corporation. R.S.O. 1970, c. 53, s. 196 (2); 1971,
c. 26, s. 34.
(3) Where shares of one of the amalgamating corpora- f^*^^-^
tions are held by or on behalf of another of the amalgamating mating
corporations, the amalgamation agreement shall provide heidby
for the cancellation of such shares upon the amalgamation *°°
becoming effective without any repayment of capital in re-
524
Chap. 54
BUSINESS CORPORATIONS
Sec. 187 (3)
spect thereof, and no provision shall be made in the agree-
ment for the conversion of such shares into shares of
the amalgamated corporation.
agreement' (4) An amalgamation agreement is not effective until ap-
proved by a special resolution of each of the amalgamating
corporations.
byspeofai (^) Where the carrying out of the amalgamation agree-
sharehoiders ment would result in the deletion or variation of a preference,
right, condition, restriction, limitation or prohibition at-
taching to a class of issued special shares of any of the
amalgamating corporations or in the creation of special
shares of the amalgamated corporation ranking in any
respect in priority to, or on a parity with, any existing
class of special shares of any of the amalgamating corpora-
tions, the agreement is not effective until it is approved
in the manner provided by subsection 180 (5) in addition to the
approval required by subsection (4) of this section. R.S.O. 1970,
c. S3, s. 196 (3-5).
Filing of
articles'of
amalgamation
Corporation
to be solvent
188. — (1) For the purpose of bringing an amalgamation
into effect, the amalgamating corporations shall, within six
months after the amalgamation agreement has become
effective, deliver to the Minister articles of amalgamation
in duplicate executed under the seal of each of the amalga-
mating corporations and signed by two officers, or by one
director and one officer, of each of the amalgamating cor-
porations setting out,
{a) the names of each of the amalgamating corporations ;
(b) a certified copy of the amalgamation agreement;
(c) that the agreement has been duly approved as
required by section 187; and
(d) the dates on which the amalgamation agreement
was approved by the shareholders of each of the
amalgamating corporations.
(2) Notwithstanding subsection 187 (1), no corporation that is
insolvent shall amalgamate and the Minister, before proceeding as
provided in subsection (3), may require evidence that establishes
to his satisfaction that a corporation delivering articles under
subsection (1) is not insolvent.
amafamatf ^^^ Upon receiving duplicate original articles of amalga-
mation, all other required documents executed in accordance
with this Act and the prescribed fee, the Minister shall.
Sec. 189 (2) (b) BUSINESS corporations Chap. 54 525
(a) endorse on each of the dupHcate original articles'
of amalgamation a certificate setting out the day,
month and year of endorsement and the corporation
number ;
(b) file one of the duplicate originals in his office ; and
^c) return to the amalgamated corporation or its agent
the other duplicate original.
(4) The certificate endorsed in accordance with subsection (3) idem
constitutes the certificate of amalgamation of the amalgamating
corporations and upon the date set out therein,
(a) the amalgamation becomes effective and the amalga-
mating corporations are amalgamated and con-
tinue as one corporation under the terms and con-
ditions set out in the amalgamation agreement;
{b) the amalgamated corporation possesses all the prop-
erty, rights, privileges and franchises and is subject
to all liabihties, contracts, disabilities and debts
of each of the amalgamating corporations ;
(c) the issued capital of the amalgamated corporation
is, subject to the decrease provided for in sub-
section 187 (3), equal to the aggregate of the issued
capital of each of the amalgamating corporations
immediately before the amalgamation becomes effec-
tive; and
(d) the articles of incorporation of each of the amalga-
mating corporations are amended to the extent
necessary to give effect to the terms and conditions
of the amalgamation agreement. 1979, c. 36, s. 16.
189. — (1) A body corporate incorporated under the laws ^ntin^atLn
of any jurisdiction other than Ontario may, if it appears to
the Minister to be thereunto authorized by the laws of the
jurisdiction in which it was incorporated, deliver to the
Minister articles of continuation in duplicate continuing it
as if it had been incorporated under this Act. 1972, c. 138,
s. 55, part.
(2) The articles of continuation shall set out, '^f^icies
(a) the name of the corporation to be continued;
(b) the date on which the corporation was incorporated
and the jurisdiction in which it was incorporated;
526 Chap. 54 BUSINESS CORPORATIONS Sec. 189 (2) (c)
(c) the objects for which the corporation is to be
continued ;
(d) the place in Ontario where the head office of the
corporation is to be located, giving the municipality
and the county or district or, where the head
office is to be located in territory without municipal
organization, the geographic township and district
and the address giving the street and number, if
any;
(e) the authorized capital, the classes of shares, if any,
into which it is to be divided, the number of shares
of each class, and the par value of each share, or,
where the shares are to be without par value,
the consideration, if any, exceeding which each
share may not be issued or the aggregate considera-
tion, if any, exceeding which all the shares of each
class may not be issued ;
(/) where there are to be special shares, the designa-
tions, preferences, rights, conditions, restrictions,
limitations or prohibitions attaching to them or
each class of them ;
(g) the restrictions, if any, to be placed on the trans-
fer of its shares or any class thereof;
(h) the number of directors of the corporation and the
names in full and the residence address, giving the
street and number, if any, of each person who
is a director of the corporation ;
(»') that the continuation has been properly authorized
under the laws of the jurisdiction in which the
corporation was incorporated ;
(_;') the date on which the continuation was authorized;
and
(k) any other matter required by this Act or the re-
gulations to be set out in the articles,
and the articles may set out any provision that is authorized
by this Act to be set out in articles or that could be the
subject of a by-law of the corporation and shall be executed
under the seal of the corporation and signed by two officers,
or by one officer and one director of the corporation, and
shall be accompanied by such other material as required by the
Minister. 1972, c. 138, s. 55, part; 1979, c. 36, s. 17 (1).
Sec. 190 (2) BUSINESS CORPORATIONS Chap. 54 527
(3) The articles of continuation shall make any amend- Amendments
ments to the original or restated articles of incorporation, articles"*^
articles of amalgamation, letters patent, supplementary
letters patent, a special Act and any other instrument by
which the body corporate was incorporated and any amend-
ments thereto necessary to make the articles conform to
the laws of Ontario and may make such other amendments
as are permitted under this Act as if the body corporate
were incorporated under the laws of Ontario. 1972, c. 138,
s. 55, part.
(4) Upon receiving duplicate original articles of continuation. Certificate
all other required documents executed in accordance with this
Act and the prescribed fee, the Minister may,
(a) endorse on each of the duplicate original articles of
continuation a certificate setting out the day, month
and year of endorsement and the corporation number;
{h) file one of the duplicate originals in his office ; and
(c) return to the corporation or its agent the other
duplicate original .
(5) The certificate endorsed in accordance with subsection Conditions
(4) constitutes the certificate of continuation of the body
corporate and the Minister may endorse the certificate upon
such terms and subject to such limitations, conditions and
provisions as to the Minister appear proper.
(6) Upon the date set out in a certificate of continuation Effective
endorsed in accordance with subsections (3) and (5), this Act ^^^^
applies to the body corporate to the same extent as if it
had been incorporated under this Act. 1979, c. 36, s. 17 (2).
190. — (1) A corporation may, if authorized by a special J^^^®'" °^
resolution, by the Minister and by the laws of any other corporations
jurisdiction, apply to the proper officer of that other
jurisdiction for an instrument of continuation continuing
the corporation as if it had been incorporated under the
laws of that other jurisdiction. 1971, c. 26, s. 37, part.
(2) This Act ceases to apply to the corporation on and Termination
after the date on which the corporation is continued under jurisdiction
the laws of the other jurisdiction and the corporation shall
file with the Minister a copy of the instrument of continua-
tion certified by the proper officer of the other jurisdiction
authorized to certify such documents. 1972, c. 138, s. 56.
528
Chap. 54
BUSINESS CORPORATIONS
Sec. 190 (3)
Application
(3) This section applies only in respect of a jurisdiction
that has legislation in force that permits bodies corporate
incorporated under its laws to apply for an instrument of
continuation under the laws of Ontario. 1971, c. 26,
s. 37, part.
Rights of
creditors
preserved
191. All rights of creditors against the property, rights
and assets of a corporation amalgamated under section 187
or continued under section 189 and all liens upon its prop-
erty, rights and assets are unimpaired by such amalga-
mation or continuation, and all debts, contracts, liabilities
and duties of the corporation thenceforth attach to the
amalgamated or continued corporation and may be en-
forced against it. R.S.O. 1970, c. 53, s. 200.
DISSOLUTION
Winding Up
Interpre-
tation
192. In sections 194 to 237, "contributory" means a
person who is liable to contribute to the property of a
corporation in the event of the corporation being wound
up under this Act. R.S.O. 1970, c. 53, s. 201.
Voluntary Winding Up
Application 193. Scctions 194 to 206 apply to corporations being
wound up voluntarily. R.S.O. 1970, c. 53, s. 202.
Voluntary
winding up
194. — (1) Where the shareholders of a corporation by
a majority of the votes cast at a general meeting duly
called for that purpose, or by such greater proportion of
the votes cast as the articles provide, pass a resolution re-
quiring the corporation to be wound up, the corporation
may be wound up voluntarily.
Appointment (2) At such meeting, the shareholders shall appoint one
or more persons, who may be directors, oincers or employees
of the corporation, as liquidator of the estate and effects of
the corporation for the purpose of winding up its affairs
and distributing its property, and may at that or any
subsequent general meeting fix his remuneration and the
costs, charges and expenses of the winding up.
Review of (3) On the application of any shareholder or creditor of
remunera- , ^ ' ^^ e , i- • i ■,
tion by court the Corporation or of the liquidator, the court may review
Sec. 199 BUSINESS CORPORATIONS Chap. 54 529
the remuneration of the hquidator and, whether or not the
remuneration has been fixed by resolution, the court may
fix and determine the remuneration at such amount as it
thinks proper.
(4) A corporation shall file notice of a resolution requiring of^noUce*of°
the voluntary winding up of the corporation with the winding up
Minister within ten days after the resolution has been
passed and shall publish the notice in The Ontario Gazette
within twenty days after the resolution has been passed.
R.S.O. 1970. c. 53, s. 203.
195. A corporation being wound up voluntarily may, in i°8pe«to"
general meeting, by resolution, delegate to any committee
of its shareholders, contributories or creditors, hereinafter *
referred to as inspectors, the power of appointing the liqui-
dator and filling any vacancy in the office of liquidator, or
may by a like resolution enter into any arrangement with its
creditors with respect to the powers to be exercised by the
liquidator and the manner in which they are to be
exercised. R.S.O. 1970, c. 53, s. 204.
196. If a vacancy occurs in the office of liquidator by ^^^^^^^
death, resignation or otherwise, the shareholders in general liquidator
meeting may, subject to any arrangement the corporation
may have entered into with its creditors upon the appoint-
ment of inspectors, fill such vacancy, and a general meeting
for that purpose may be called by the continuing liquidator,
if any, or by any shareholder or contributory, and shall be
deemed to have been duly held if called in the manner
prescribed by the articles or by-laws of the corporation,
or, in default thereof, in the manner prescribed by this
Act for calling general meetings of the shareholders of the
corporation. R.S.O. 1970, c. 53, s. 205.
197. The shareholders of the corporation may by a majority 5^25^^°^
of the votes cast at a general meeting called for that purpose
remove a liquidator appointed under section 194, 195 or 196, and
in such case shall appoint another liquidator in his stead. R.S.O.
1970, c. 53, s. 206.
1 98. A voluntary winding up commences at the time of m"^??)?**^*"
the passing of the resolution requiring the winding up. winding up
R.S.O. 1970, c. 53, s. 207.
199. A corporation being wound up voluntarily shall, to^^ase"^"
from the commencement of its winding up, cease to carry business
on its undertaking, except in so far as may be required as
beneficial for the winding up thereof, and all transfers of
shares, except transfers made to or with the sanction of the
530
Chap. 54
BUSINESS CORPORATIONS
Sec. 199
No proceed-
ings against
corporation
after
voluntary
winding up
except
by leave
liquidator, or alterations in the status of the shareholders
of the corporation, taking place after the commencement
of its winding up are void, but its corporate existence and
all its corporate powers, notwithstanding that it is other-
wise provided by its articles or by-laws, continue until its
affairs are wound up. R.S.O. 1970, c. 53, s. 208.
200. After the commencement of a voluntary winding
up,
(a) no action or other proceeding shall be commenced
against the corporation ; and
{b) no attachment, sequestration, distress or execution
shall be put in force against the estate or effects
of the corporation,
except by leave of the court and subject to such terms as the
court imposes. R.S.O. 1970, c. 53, s. 209.
List of
contribu-
torles
and calls
201. — (1) Upon a voluntary winding up, the liquidator,
(a) shall settle the list of contributories ;
(b) may, before he has ascertained the sufficiency of
the property of the corporation, call on all or any
of the contributories for the time being settled
on the list of contributories to the extent of their
liability to pay any sum that he considers necessary
for satisfying the liabilities of the corporation
and the costs, charges and expenses of winding
up and for adjusting the rights of the contributories
among themselves.
List
prima facie
proof
(2) A list settled by the liquidator under clause (1) (a) is prima
facie proof of the liability of the persons named therein to be
contributories.
Default
on calls
(3) The liquidator in making a call under clause (1) (b) may take
into consideration the probability that some of the contributories
upon whom the call is made may partly or wholly fail to pay their
respective portions of the call. R.S.O. 1970, c. 53, s. 210.
Meetings of
corporation
during
winding up
202. — (1) The liquidator may, during the continuance of
the voluntary winding up, call general meetings of the share-
holders of the corporation for the purpose of obtaining
their approval by resolution, or for any other purpose he
thinks fit.
Sec. 205 (1) BUSINESS CORPORATIONS Chap. 54 531
(2) Where a voluntary winding up continues for more ^/*«i^
than one year, the liquidator shall call a general meeting of continues
the shareholders of the corporation at the end of the first on°eyea*°
year and of each succeeding year from the commencement of
the winding up, and he shall lay before the meeting an
account showing his acts and dealings and the manner in
which the winding up has been conducted during the im-
mediately preceding year. R.S.O. 1970, c. 53, s. 211.
203. The liquidator, with the approval of a resolution ^^^^i: ^
,,,,,, , , . , . , mentswith
of the shareholders of the corporation passed m general creditors
meeting or with the approval of the inspectors, may make
such compromise or other arrangement as the liquidator
thinks expedient with any creditor or person claiming to be a
creditor or having or alleging that he has a claim, present
or future, certain or contingent, liquidated or unliquidated,
against the corporation or whereby the corporation may be
rendered liable. R.S.O. 1970, c. 53, s. 212.
204. The liquidator may, with the approval referred to in compromise
section 203, compromise all debts and liabilities capable of with debtors
,. ■,, 1111- 11 <• *°<i con-
resulting m debts, and all claims, whether present or future, tributories
certain or contingent, liquidated or unliquidated, subsisting
or supposed to subsist between the corporation and any
contributory, alleged contributory or other debtor or person
who may be liable to the corporation and all questions in
any way relating to or affecting the property of the corporation,
or the winding up of the corporation, upon the receipt of
such sums payable at such times and generally upon such
terms as are agreed, and the liquidator may take any
security for the discharge of such debts or liabilities and
give a complete discharge in respect thereof. R.S.O. 1970,
c. 53, s. 213.
205. — <1) Where a corporation is proposed to be or is in j^p^*^
the course of being wound up voluntarily and it is proposed shares etc.,
, , ,°, ^ . , . i . . ^ ^ as considera-
to transfer the whole or a portion of its business or property tion for sale
to another body corporate, referred to in this subsection astoanouie/
the purchasing corporation, the liquidator of the first- ^^^rate
mentioned corporation, with the approval of a resolution of the
shareholders passed in general meeting of the corporation
conferring either a general authority on the liquidator or an
authority in respect of any particular arrangement, may
receive, in compensation or in part-compensation for the
transfer, cash or shares or other like interest in the pur-
chasing corporation or any other body corporate for the
purpose of distribution among the creditors or shareholders
of the corporation that is being wound up in the manner
set forth in the arrangement, or may, in lieu of receiving
cash or shares or other like interest, or in addition thereto,
532
Chap. 54
BUSINESS CORPORATIONS
Sec. 205 (1)
participate in the profits of or receive any other benefit from
the purchasing corporation or any other body corporate.
Confirmation (2) A transfer made or arrangement entered into by the
arrangement liquidator under this section is not binding on the share-
holders of the corporation that is being wound up unless the
shareholders or classes of shareholders, as the case may be,
at a general meeting duly called for the purpose, by votes
representing at least three-fourths of the shares or of each
class of shares represented at the meeting, approve the
transfer or arrangement and unless the transfer or arrange-
ment is approved by an order made by the court on the
application of the corporation.
resofution (^) ^^ resolution is invalid for the purposes of this section
not invalid because it was passed before or concurrently with a resolu-
tion for winding up the corporation or for appointing the
liquidator. R.S.O. 1970, c. 53, s. 214.
Account of 206. — (1) The liquidator shall make up an account
voluntary , ' ^ , • , , ■ ,.
winding up showmg the manner m which the winding up has been con-
by liquidator ducted and the property of the corporation disposed of, and
meeting"^* thereupon shall call a general meeting of the shareholders
of the corporation for the purpose of having the account
laid before them and hearing any explanation that may be
given by the liquidator, and the meeting shall be called in the
manner prescribed by the articles or by-laws or, in default
thereof, in the manner prescribed by this Act for the calling
of general meetings of shareholders.
hoiding°^ (2) The liquidator shall within ten days after the holding
of meeting of the meeting file a notice with the Minister stating that
the meeting was held and the date thereof.
Dissolution (3) Subject to subsection (4), on the expiration of three
months from the date of the filing of the notice the cor-
poration is dissolved.
Extension
(4) At any time during the three-month period mentioned
in subsection (3), the court may, on the application of the
liquidator or any other person interested, make an order
deferring the date on which the dissolution of the corpora-
tion is to take effect to a date fixed in the order, and in
such event the corporation is dissolved on the date so fixed.
Dissolution
by court
order
(5) Notwithstanding anything in this Act, the court at
any time after the affairs of the corporation have been fully
wound up may, upon the application of the liquidator or any
other person interested, make an order dissolving it, and it is
dissolved on the date fixed in the order.
Sec. 210 BUSINESS CORPORATIONS Chap. 54 533
(6) The person on whose application an order was made ^°P^°l
under subsection (4) or (5) shall, within ten days after it was made, order to
file with the Minister a certified copy of the order. R.S.O. 1970, ^^^^
c. 53, s. 215.
Winding up by Court Order
207. Sections 208 to 219 apply to corporations being AppUcation
wound up by order of the court. R.S.O. 1970, c. 53, s. 216. "^"^ ^"^"^^^
208. A corporation may be wound up by order of the winding up
court, ycour
(a) where the shareholders by a majority of the votes
cast at a general meeting called for that purpose or
by such greater proportion of the votes cast as the
articles provide pass a resolution authorizing an
application to be made to the court to wind up the
corporation ;
(6) where proceedings have been begun to wind up
voluntarily and it appears to the court that it is in
the interest of contributories and creditors that the
proceedings should be continued under the supervision
of the court ;
(c) where it is proved to the satisfaction of the court
that the corporation, though it may not be insolvent,
cannot by reason of its liabilities continue its
business and that it is advisable to wind it up ; or
{d} where in the opinion of the court it is just and
equitable for some reason, other than the bankruptcy
or insolvency of the corporation, that it should be
wound up. R.S.O. 1970, c. 53, s. 217.
209. — (1) A winding-up order may be made upon the w^nuiy
application of the corporation or of a shareholder or, where
the corporation is being wound up voluntarily, of the
liquidator or of a contributory or of a creditor having a claim
of $1,000 or more.
(2) Except where the application is made by the cor- Notice
poration, four days notice of the application shall be given
to the corporation before the making of the application.
R.S.O. 1970. c. 53, s. 218.
210. The court may make the order applied for, may po*^
dismiss the application with or without costs, may adjourn
534
Chap. 54
BUSINESS CORPORATIONS
Sec. 210
the hearing conditionally or unconditionally or may make
any interim or other order as is considered just, and upon
the making of the order may, according to its practice and
procedure, refer the proceedings for the winding up to an
officer of the court for inquiry and report and may authorize
the officer to exercise such powers of the court as are necessary
for the reference. R.S.O. 1970, c. 53, s. 219.
Appoint-
ment of
liquidator
Remunera-
tion
211. — (1) The court in making the winding-up order may
appoint one or more persons as liquidator of the estate and
effects of the corporation for the purpose of winding up
its affairs and distributing its property.
(2) The court may at any time fix the remuneration of
the liquidator.
Vacancy (3) If a liquidator appointed by the court dies or resigns
or the office becomes vacant for any reason, the court may
by order fill the vacancy.
appointment (^) ^ liquidator appointed by the court under this section
shall forthwith give to the Minister notice in writing of his
appointment and shall, within twenty days of his appoint-
ment, publish the notice in The Ontario Gazette. R.S.O.
1970, c. 53, s. 220.
Removal of
liquidator
212. The court may by order remove for cause a
liquidator appointed by it, and in such case shall appoint
another liquidator in his stead. R.S.O. 1970, c. 53, s. 221.
Costs and
expenses
213. The costs, charges and expenses of a winding up by
order of the court shall be taxed by a taxing officer of the
Supreme Court at Toronto. R.S.O. 1970, c. 53, s.222.
Commence-
ment of
winding up
214. Where a winding-up order is made by the court
without prior voluntary winding-up proceedings, the winding
up shall be deemed to commence at the time of the service
of notice of the application, and, where the application is
made by the corporation, at the time the application is
made. R.S.O. 1970, c. 53, s. 223.
Proceedings 215. Where a winding-up order has been made by the
in winding ,. , , *^ . .. , , -^ .
up after court, proceedings for the winding up of the corporation
shall be taken in the same manner and with the like con-
sequences as provided for a voluntary winding up, except
that the list of contributories shall be settled by the court
unless it has been settled by the liquidator before the
winding-up order, in which case the list is subject to review
Sec. 218(1) BUSINESS CORPORATIONS Chap. 54 535
by the court, and except that all proceedings in the winding
up are subject to the order and direction of the court.
R.S.O. 1970. c. 53. s. 224.
216. — (1) Where a winding-up order has been made by Meetings
the court, the court may direct meetings of the shareholders hoideraof
of the corporation to be called, held and conducted in such maybe*"°°
manner as the court thinks fit for the purpose of ascertain- °'"**^''®'*
ing their wishes, and may appoint a person to act as chair-
man of any such meeting and to report the result of it to
the court.
(2) Where a winding-up order has been made by the ^^1]*^^°'^
court, the court may require any contributory for the time ^y.^°?''^-
being settled on the list of contributories, or any director, and others
officer, employee, trustee, receiver, banker or agent of the etc!'^"'^'^ ^'
corporation to pay, deliver, convey, surrender or transfer
forthwith, or within such time as the court directs, to the
liquidator any sum or balance, documents, records, estate or
effects that are in his hands and to which the corporation
is prima facie entitled.
(3) Where a winding-up order has been made by the court. 0^^*^'^*°°
the court may make an order for the inspection of the mentsand
FG cords
documents and records of the corporation by its creditors
and contributories, and any documents and records in the
possession of the corporation may be inspected in conformity
with the order. R.S.O. 1970, c. 53, s. 225.
217. After the commencement of a winding up by order ]^f^t***°*^
of the court, corporation
after court
winding up
[a) no action or other proceeding shall be proceeded
with or commenced against the corporation ; and
(6) no attachment, sequestration, distress or execu-
tion shall be put in force against the estate or effects
of the corporation,
except by leave of the court and subject to such terms as
the court imposes. R.S.O. 1970, c. 53, s. 226.
218. — (1) Where the realization and distribution of the ^r°dii8J°°
property of a corporation being wound up under an order of ^^^^ °^
the court has proceeded so far that in the opinion of the and distn-
court it is expedient that the liquidator should be discharged the court
and that the property of the corporation remaining in his
hands can be better realized and distributed by the court,
the court may make an order discharging the liquidator
and for payment, delivery and transfer into court, or to such
officer or person as the court directs, of such property, and
536
Chap. 54
BUSINESS CORPORATIONS
Sec. 218(1)
Disposal of
documents
and records
it shall be realized and distributed by or under the direction of
the court among the persons entitled thereto in the same
way as nearly as may be as if the distribution were being
made by the liquidator.
(2) In such case, the court may make an order directing
how the documents and records of the corporation and of
the liquidator are to be disposed of, and may order that
they be deposited in court or otherwise dealt with as the
court thinks fit. R.S.O. 1970, c. 53, s. 227.
Order for
dissolution
219. — (1) The court at any time after the affairs of the
corporation have been fully wound up may, upon the applica-
tion of the liquidator or any other person interested, make an
order dissolving it, and it is dissolved on the date fixed in
the order.
Copyof (2) The person on whose application the order was made
dissolution , n • , • , t • ■, n^ 1 1 •»»• •
order to shall Within ten days after it was made file with the Minister
a certified copy of the order. R.S.O. 1970, c. 53, s. 228.
be filed
Appircation
of ss. 221-237
Where no
liquidator
Conse-
quences of
winding up
Winding Up Generally
220. Sections 221 to 237 apply to corporations being
wound up voluntarily or by order of the court. R.S.O. 1970,
c. 53, s. 229.
221. Where there is no liquidator,
(a) the court may by order on the application of a
shareholder of the corporation appoint one or more
persons as liquidator; and
{b) the estate and effects of the corporation shall be
under the control of the court until the appoint-
ment of a liquidator. R.S.O. 1970, c. 53, s. 230.
222. — (1) Upon a winding up,
(a) the liquidator shall apply the property of the cor-
poration in satisfaction of all its debts, obligations
and liabilities and, subject thereto, shall distribute
the property rateably among the shareholders accord-
ing to their rights and interests in the corporation ;
{b) in distributing the property of the corporation,
debts to employees of the corporation for services
performed for it due at the commencement of the
winding up or within one month before, not exceed-
ing three months wages and for vacation pay accrued
Sec. 224 (1) (g) BUSINESS CORPORATIONS Chap. 54 537
for not more than twelve months under the
Employment Standards Act, and the regulations R s.o. i980,
thereunder or under a collective agreement made by ^' '^^
the corporation, shall be paid in priority to the
claims of the ordinary creditors, and such persons
are entitled to rank as ordinary creditors for the
residue of their claims ;
(c) all the powers of the directors cease upon the
appointment of a liquidator, except in so far as the
liquidator may sanction the continuance of such
powers.
(2) Section 53 of the Trustee Act applies with necessary modifi- DistribuUon
cations to liquidators. R.S.O. 1970, c. 53, s. 231. Rso^m
c. 312
223. The costs, charges and expenses of a winding up, Payment of
, J. ,, f! , ^, ^.. . , ° ,K costsand
mcludmg the remuneration of the liquidator, are payable expenses
out of the property of the corporation in priority to all other
claims. R.S.O. 1970. c. 53, s. 232.
224 .— ( 1) A liquidator may, l?::[?I!,t
liquidators
(a) bring or defend any action, suit or prosecution, or
other legal proceedings, civil or criminal, in the name
and on behalf of the corporation ;
(6) carry on the business of the corporation so far as
may be required as beneficial for the winding up
of the corporation ;
(c) sell the real and personal property, effects and
things in action of the corporation by public auction
or private sale ;
{d) do all acts and execute, in the name and on behalf
of the corporation, all documents, and for that pur-
pose use the seal of the corporation ;
(e) draw, accept, make and endorse any bill of exchange
or promissory note in the name and on behalf of the
corporation ;
(/) raise upon the security of the property of the cor-
p)oration any requisite money ;
{g) take out in his official name letters of administration
of the estate of any deceased contributory and do
in his official name any other act that is necessary for
obtaining payment of any money due from a con-
538
Chap. 54
BUSINESS CORPORATIONS Sec. 224 (1) {g)
tributory or from his estate and which act cannot
be done conveniently in the name of the corpora-
tion; and
(h) do and execute all such other things as are necessary
for winding up the affairs of the corporation and
distributing its property.
Bills of
exchange,
etc., to be
deemed
drawn in
the course
of business
(2) The drawing, accepting, making or endorsing of a bill
of exchange or promissory note by the liquidator on behalf
of a corporation has the same effect with respect to the
liability of the corporation as if such bill or note had been
drawn, accepted, made or endorsed by or on behalf of the
corporation in the course of carrying on its business.
Where
moneys
deemed to
be due to
liquidator
(3) Where the liquidator takes out letters of administra-
tion or otherwise uses his official name for obtaining pay-
ment of any money due from a contributory, such money
shall be deemed, for the purpose of enabling him to take out
such letters or recover such money, to be due to the liquidator
himself. R.S.O. 1970, c. 53, s. 233.
Acts by
more than
one
liquidator
225. Where more than one person is appointed as
liquidator, any power conferred by sections 193 to 237 on a
liquidator may be exercised by such one or more of such
persons as may be determined by the resolution or order
appointing them or, in default of such determination, by any
number of them not fewer than two. R.S.O. 1970, c. 53, s. 234.
S*Kn^^°^f 226. The liability of a contributory creates a debt
liability of y . ,.,.,.,. ,
contributory accruing due from him at the time his liability commenced,
but payable at the time or respective times when calls are
made for enforcing such liability. R.S.O. 1970, c. 53, s. 235.
Who liable
in case of
his death
227. If a contributory dies before or after he has been
placed on the list of contributories, his personal representative
is liable in due course of administration to contribute to the
property of the corporation in discharge of the liability of
the deceased contributory and shall be a contributory accord-
ingly. R.S.O. 1970, c. 53, s. 236.
Deposit of
moneys
R.S.O. 1980,
c. 249
228. — (1) The liquidator shall deposit all moneys that he
has belonging to the corporation and amounting to $100 or
more in any chartered bank of Canada or in the Province of
Ontario Savings Office or in any trust company or loan
corporation that is registered under the Loan and Trust Cor-
porations Act.
Sec. 231 (2) BUSINESS CORPORATIONS Chap. 54 539
(2) If inspectors have been appointed, the depository Yb'^°k1>
under subsection (1) shall be one approved by them. inspectors
(3) Such deposit shall not be made in the name of the separate
liquidator individually, but a separate deposit account shall be account
kept of the money belonging to the corporation in his name withdrawal
as liquidator of the corporation and in the name of the in- ac°c'ount
spectors, if any, and such money shall be withdrawn only by
order for payment signed by the liquidator and one of the
inspectors, if any.
(4) At every meeting of the shareholders of the corpora- Liquidators
tion, the liquidator shall produce a pass-book, or statement of bank
account showing the amount of the deposits, the dates at which ^^^^ °°
they were made, the amounts withdrawn and the dates of
withdrawal, and mention of such production shall be made in
the minutes of the meeting, and the absence of such mention
is admissible in evidence as prima facie proof that the pass-
book or statement of account was not produced at the meeting.
(5) The liquidator shall also produce the pass-book or wem
statement of account whenever so ordered by the court upon
the application of the inspectors, if any, or of a share-
holder of the corporation. R.S.O. 1970, c. 53, s. 237.
229. Forthepurposeof proving claims, sections 25, 26 and 27 Proving
of the Assignments and Preferences Act apply with necessary ^gQ j^gQ
modifications, except that where the word "judge" is used therein, c. 33
the word "court" as used in this Act shall be substituted. R.S.O.
1970, c. 53, s. 238.
230. Upon the application of the liquidator or of the Application
inspectors, if any, or of any creditors, the court, after
hearing such parties as it directs to be notified or after
such steps as the court prescribes have been taken, may by
order give its direction in any matter arising in the winding
up. R.S.O. 1970, c. 53, s. 239.
231.— (1) The court may at any time after the commence- ^^'Jl^^*^*^"
ment of the winding up summon to appear before the court " ^° estate
or hquidator any director, officer or employee of the cor-
poration or any other person known or suspected to have in
his possession any of the estate or effects of the corpora-
tion, or alleged to be indebted to it, or any person whom
the court thinks capable of giving information concern-
ing its trade, dealings, estate or effects.
(2) Where in the course of the winding up it appears fgaT^t*'
that a person who has taken part in the formation or pro- 5f^^°g^^°'
motion of the corporation or that a past or present director, etc.
officer, employee, liquidator or receiver of the corporation
540
Chap. 54
BUSINESS CORPORATIONS
Sec. 231 (2)
has misapplied or retained in his own hands, or become
'liable or accountable for, property of the corporation, or
has committed any misfeasance or breach of trust in relation
to it, the court may, on the application of the liquidator
or of any creditor, shareholder or contributory, examine
into the conduct of that person and order him to restore
the property so misapplied or retained, or for which he has
become liable or accountable, or to contribute such sum to
the property of the corporation by way of compensation in
respect of such misapplication, retention, misfeasance or
breach of trust, or both, as the court thinks just. R.S.O.
1970, c. 53, s. 240.
ly%hi?e-^^^ 232. — (1) Where a shareholder of the corporation desires
holders to cause any proceeding to be taken that, in his opinion,
would be for the benefit of the corporation, and the liquidator,
under the authority of the shareholders or of the inspectors,
if any, refuses or neglects to take such proceeding after
being required so to do, the shareholder may obtain an order
of the court authorizing him to take such proceeding in the
name of the liquidator or corporation, but at his own expense
and risk, upon such terms and conditions as to indemnity
to the liquidator or corporation as the court prescribes.
Benefits :
when for
shaxeholders
when for
corporation
Rights
conferred by
Act to be In
addition
to other
powers
(2) Any benefit derived from a proceeding under sub-
section (1) belongs exclusively to the shareholder causing the
institution of the proceeding for his benefit and that of any
other shareholder who has joined him in causing the institu-
tion of the proceeding.
(3) If, before the order is granted, the liquidator signifies
to the court his readiness to institute the proceeding for the
benefit of the corporation, the court shall make an order
prescribing the time within which he is to do so, and in
that case the advantage derived from the proceeding, if
instituted within such time, belongs to the corporation.
R.S.O. 1970, c. 53, s. 241.
233. The rights conferred by this Act are in addition
to any other right to institute proceedings against any
contributory, or against any debtor of the corporation, for
the recovery of any sum due from such contributory or debtor
or his estate. R.S.O. 1970, c. 53, s. 242.
stay of
winding-up
proceedings
234. At any time during a winding up, the court, upon
the application of a shareholder, creditor or contributory and
upon proof to its satisfaction that all proceedings in relation
to the winding up ought to be stayed, may make an order
staying the proceedings altogether or for a limited time on such
terms and subject to such conditions as the court thinks fit.
R.S.O. 1970, c. 53, s. 243.
Sec. 238 (o) business corporations Chap. 54 541
235. — (1) Where the liquidator is unable to pay all the where
debts of the corporation because a creditor is unknown or his unknown
whereabouts is unknown, the liquidator may, by agreement
with the Public Trustee, pay to the Public Trustee an amount
equal to the amount of the debt due to the creditor to be held
in trust for the creditor, and thereupon subsections 239 (5) and (6)
apply thereto.
(2) A payment under subsection (1) shall be deemed to be i<^«™
in satisfaction of the debt for the purposes of winding up.
R.S.O. 1970, c. 53, s. 244.
230. — (1) Where the liquidator is unable to distribute where
^ , , ^, ^ r ^^ , , shareholder
rateably the property of the corporation among the share- unknown
holders because a shareholder is unknown or his whereabouts
is unknown, the share of the property of the corporation of such
shareholder may, by agreement with the Public Trustee, be
delivered or conveyed by the liquidator to the Public Trustee
to be held in trust for the shareholder, and thereupon sub-
sections 239 (5) and (6) apply thereto.
(2) A delivery or conveyance under subsection (1) shall be ^<*«™
deemed to be a distribution to that shareholder of his
rateable share for the purposes of the winding up. R.S.O.
1970, c. 53, s. 245.
237. — (1) Where a corporation has been wound up under ^f^P"®!!^
sections 193 to 236 and is about to be dissolved, its docu- etc,after'
ments and records and those of the liquidator may be disposed
of as it by resolution directs in case of voluntary winding
up, or as the court directs in case of winding up under
an order.
(2) After the expiration of five years from the date of the ^^^ngi.
dissolution of the corporation, no responsibility rests on it biiityasto
or the liquidator, or anyone to whom the custody of the records, etc..
documents and records has been committed, by reason that °*^®**®
the same or any of them are not forthcoming to any person
claiming to be interested therein. R.S.O. 1970, c. 53, s. 246.
Other Dissolution
238. A corporation may be dissolved upon the author- J^^^^
ization of,
(a) a majority of the votes cast at a general meeting of
the shareholders of the corporation duly called for
the purpose or by such other proportion of the
votes cast as the articles provide; but such other
542 Chap. 54 business corporations Sec. 238 (a)
proportion shall not be less than 50 per cent of
the votes of all the shareholders entitled to vote at
the meeting ;
(b) the consent in writing of all the shareholders entitled
to vote at such meeting ; or
(c) all its incorporators or their personal representatives
at any time within two years after the date set
forth in its certificate of incorporation where the
corporation has not commenced business and has not
issued any shares. R.S.O. 1970, c. 53, s. 247; 1971,
c. 26, s. 38.
Articles of 239. — (1) For the purpose of bringing the dissolution
diissohition authorized under clause 238 (a) or {b) into effect, the corporation
corporation shall deliver to the Minister articles of dissolution in duplicate,
executed under seal of the corporation and signed by two officers,
or by one director and one officer, of the corporation setting out,
(a) the name of the corporation;
(b) that its dissolution has been duly authorized under
clause 238 (a) or (b);
(c) that it has no debts, obligations or liabilities or its
debts, obligations or liabilities have been duly
provided for in accordance with subsection (3) or its
creditors or other persons having interests in its
debts, obligations or liabilities consent to its dissolu-
tion;
{d) that after satisfying the interests of creditors in all
its debts, obligations and liabilities, if any, it has no
property to distribute among its shareholders or that
it has distributed its remaining property rateably
among its shareholders according to their rights and
interests in the corporation or in accordance with
subsection (4) where applicable;
(e) that there are no proceedings pending in any court
against it ; and
if) that it has given notice of its intention to dissolve
by publication once in The Ontario Gazette and once in
a newspaper having general circulation in the place
where it has its principal place of business in
Ontario or, if it does not have a place of business in
Ontario, where it has its head office. 1979, c. 36,
s. 18(1).
Sec. 239 (4) business corporations Chap. 54 543
(2) For the purpose of bringing a dissolution authorized Articles of
under clause 238 (c) into effect, the corporation shall deliver to the where"
Minister articles of dissolution in duplicate, signed by all its incor- nevera^uve
porators or their personal representatives setting out,
(a) the. name of the corporation;
{b) the date set forth in its certificate of incorporation ;
(c) that the corporation has not commenced business;
{d) that none of its shares has been issued ;
{e) that dissolution has been duly authorized under
clause 238 (c);
(/) that it has no debts, obligations or liabilities ;
(g) that after satisfying the interests of creditors in all
its debts, obligations and liabilities, if any, it has no
property to distribute or that it has distributed its
remaining property to the persons entitled thereto ;
{h) that there are no proceedings pending in any court
against it ; and
(«) that it has given notice of its intention to dissolve
by publication once in The Ontario Gazette and once
in a newspaper having general circulation in the
place where it has its head office. R.S.O. 1970,
c. 53, s. 248 (2); 1971, c. 26, s. 39; 1979, c. 36, s. 18 (2).
(3) Where a corporation authorizes its dissolution and a^^;^®];?'
creditor is unknown or his whereabouts is unknown, the unknown
corporation may, by agreement with the Public Trustee, pay
to the Public Trustee an amount equal to the amount of
the debt due to the creditor to be held in trust for the creditor,
and such payment shall be deemed to be due provision for the
debt for the purposes of clause (1) (c).
(4) Where a corporation authorizes its dissolution and aJh^^^jj^^j.
shareholder is unknown or his whereabouts is unknown, it unknown
may, by agreement with the Public Trustee, deliver or con-
vey his share of the property to the Public Trustee to be
held in trust for him, and such deliver^' or conveyance shall
be deemed to be a distribution to that shareholder of his
rateable share for the purposes of the dissolution.
544
Chap. 54
BUSINESS CORPORATIONS
Sec. 239 (S)
Power to
convert
(5) If the share of the property so delivered or conveyed
to the PubHc Trustee under subsection (4) is in a form other
than cash, the PubHc Trustee may at any time, and within ten
years after such delivery or conveyance shall, convert it
into cash.
Payment
to person
entitled
(6) If the amount paid under subsection (3) or the share
of the property delivered or conveyed under subsection (4)
or its equivalent in cash, as the case may be, is claimed
by the person beneficially entitled thereto within ten years
after it was so delivered, conveyed or paid, it shall be
delivered, conveyed or paid to him, but, if not so claimed,
it vests in the Public Trustee for the use of Ontario, and,
if the person beneficially entitled thereto at any time
thereafter establishes his right thereto to the satisfaction of the
Lieutenant Governor in Council, an amount equal to the
amount so vested in the Public Trustee shall be paid to him.
R.S.O. 1970, c. 53, s. 248 (3-6).
Certificate
of
dissolution
Effect of
certificate
240. — (1) Up6n receiving duplicate original articles of
dissolution, all other required documents executed in accord-
ance with this Act, the prescribed fee and evidence that all
taxes payable by the corporation to the Treasurer of Ontario
have been paid, the Minister shall,
(a) endorse on each of the duplicate original articles of
dissolution, a certificate setting forth the day, month
and year of endorsement and the corporation number;
(b) file one of the duplicate originals in his office ;
(c) return to the persons who executed the articles of
dissolution, or their agents, the other duplicate
original.
(2) The certificate endorsed in accordance with subsection (1)
constitutes the certificate of dissolution of the corporation
and the dissolution becomes effective and the corporation is
dissolved upon the date set out therein. 1979, c. 36, s. 19,
part.
Cancellation
of
certificate,
etc.. by
Minister
241. Where sufficient cause is shown to the Minister,
he may, after he has given the corporation an opportunity
to be heard, by order, upon such terms as he thinks fit,
cancel a certificate of incorporation or any certificate issued
or endorsed by him under this Act, and,
(a) in the case of the cancellation of a certificate of
incorporation, the corporation is dissolved on the
date fixed in the order; and
Sec. 243 (1) (a) business corporations Chap. 54 545
(b) in the case of the cancellation of any other certificate,
the matter that became effective ufX)n the issuance
or endorsement of the certificate ceases to be in
effect from the date fixed in the order. 1979, c. 36,
s. 19, part.
242. — (1) Where the Minister is notified by the Minister of Noticeof
dissolution
Revenue that a corporation is in default in complying with the
provisions of the Corporations Tax Act, the Minister may give R so. i98o,
notice by registered mail to the corporation or by publication once
in The Ontario Gazette that an order dissolving the corporation
will be issued unless the corporation remedies its default within
ninety days after the giving of the notice. 1976, c. 67, s. I, part.
(2) Where the Minister is notified by the Commission that a we™
corporation has not complied with sections 76 and 77 of the
Securities Act, the Minister may give notice by registered mail to R so. i980,
the corporation or by publication once in The Ontario Gazette that *^
an order dissolving the corporation will be issued unless the cor-
poration complies with sections 76 and 77 of the Securities Act,
within ninety days after the giving of the notice. 1976, c. 67, s. 1,
part; 1978,c. 49, s. 13.
(3) Upon default in compliance with the notice given under dissolution
subsection (1) or (2), the Minister may by order cancel the
certificate of incorporation and, subject to subsection (4), the
corporation is dissolved on the date fixed in the order.
(4) Where a corporation is dissolved under subsection (3) ^^^ai
or any predecessor thereof, the Minister, on the application
of any interested person immediately before the dissolution,
made within two years after the date of dissolution, may in
his discretion by order, on such terms and conditions as he
sees fit to impose, revive the corporation and thereupon the
corporation, subject to the terms and conditions of the order
and to any rights acquired by any person after its dissolution,
is restored to its legal position, including all its property,
rights, privileges and franchises, and is subject to all its
liabilities, contracts, disabilities and debts, as of the date of
its dissolution, in the same manner and to the same extent
as if it had not been dissolved. 1976, c. 67, s. 1, part.
243. — (1) Notwithstanding the dissolution of a corporation fi^^iu^on
under section 240, 241 or 242,
(a) any action, suit or other proceeding commenced by or
against the corporation before its dissolution may be
546 Chap. 54 BUSINESS CORPORATIONS Sec. 243 (1) (a)
proceeded with as if the corporation had not been
dissolved ;
{b) any action, suit or other proceeding may be
brought against the corporation within two years
after its dissolution as if the corporation had not been
dissolved; and
(c) any property that would have been available to
satisfy any judgment, order or other decision if the
corporation had not been dissolved remains avail-
able for such purpose. 1971, c. 26, s. 41.
a^^°* (2) For the purposes of this section, the service of any
dissolution process on a corporation after its dissolution shall be deemed
to be sufficiently made if it is made upon any person last
shown on the records of the Ministry as being a director or
officer of the corporation before the dissolution. R.S.O.
1970, c. 53, s. 252 (2); 1972, c. 1. s. 1.
Liability 244. — (1) Notwithstanding the dissolution of a corpora-
holders to tion, each of the shareholders among whom its property
has been distributed remains liable to its creditors to the
extent of the amount received by him upon the distribution,
and an action in a court of competent jurisdiction to enforce
such liability may be brought against him within two years
from the date of the dissolution and not thereafter.
against ^^^ Where there are numerous shareholders, the court
one share- referred to in subsection (1) may permit an action to be
representing brought agaiust onc or more shareholders as representatives
of the class and, if the plaintiff establishes his claim as
creditor, may make an order of reference and add as parties
in the referee's office all such shareholders as are found, and
the referee shall determine the amount that each should
contribute towards the plaintiff's claim and may direct
payment of the sums so determined. R.S.O. 1970, c. 53, s. 253.
of°un^i8*'o8ed 245. Subject to section 243, any real or personal property
property of a corporation that has not been disposed of at the date of
its dissolution is forfeit to the Crown. R.S.O. 1970, c. 53,
s. 254.
GENERAL
direct1)r8and 246. — (1) Subject to the articles or by-laws of a cor-
shareholders poration,
Sec. 247 (1) BUSINESS CORPORATIONS Chap. 54 547
(a) a notice or other document required to be given or
sent by a corporation to a shareholder or director
may be delivered personally or sent by prepaid
mail addressed to the shareholder or director at his
latest address as shown on the records of the cor-
poration; and
(6) a notice or other document sent by mail by a cor-
poration to a shareholder or director shall be deemed
to be given or sent at the time when it would be
delivered in the ordinary course of mail. R.S.O.
1970. c. 53, s. 255 (1).
(2) Where notices or other documents required by this undelivered
Act, the articles or by-laws to be given or sent by a cor-
poration to a shareholder have been mailed to the share-
holder at his latest address as shown on the records of the
corporation and where, on three consecutive occasions,
notices or other documents have been returned by the Post
Office to the corporation, the corporation is not required to
mail to the shareholder any further notices or other docu-
ments until such time as the corporation receives written
notice from the shareholder requesting that notices and other
documents be sent to the shareholder at a specified address.
1972, c. 138, s. 59.
(3) Except where otherwise provided in this Act, a notice Notice to
or document required to be given or sent to a corporation
may be sent to the corporation by prepaid mail at its head
office as shown on the records of the Ministry and shall
be deemed to be given or sent at the time when it would
be delivered in the ordinary course of mail. R.S.O. 1970,
c. 53, s. 255 (2) ; 1972, c. l,s. 1.
(4) Where a notice is required by this Act to be given to waiver of
any person, the giving of the notice may be waived or the abridgement
time for the notice may be waived or abridged with the
consent in writing of such person, whether before or after
the time prescribed. 1971, c. 26, s. 42.
247. — (1) Every person who makes or assists in making off^^ce,
a statement in any document required by or for the pur- statemente
poses of this Act or the regulations that, at the time and
in the light of the circumstances under which it was made,
is false or misleading in respect of any material fact or that
omits to state any material fact the omission of which
makes the statement false or misleading is guilty of an offence
and on conviction is liable to a fine of not more than $2,000 or to
imprisonment for a term of not more than one year, or to both.
548
Defence
Chap. 54
BUSINESS CORPORATIONS
Sec. 247 (2)
(2) No person is guilty of an offence under subsection (1) if
he did not know that the statement was false or mis-
leading and in the exercise of reasonable diligence could not
have known that the statement was false or misleading.
R.S.O. 1970, c. 53. s. 256,
Offence,
failure
to file
248. — (1) Every person who fails to file with the Minister any
document required by this Act to be filed with him is guilty of an
offence and on conviction is liable to a fine of not more than $2 ,000
or, if such person is a body corporate, to a fine of not more than
$20,000.
Idem
(2) Where a body corporate is guilty of an offence under sub-
section (1), every director or officer thereof who authorized, per-
mitted or acquiesced in such offence is also guilty of an offence and
on conviction is liable to a fine of not more than $2,000. R.S.O.
1970, c. 53, s. 257.
Consent
249. No proceeding under section 247 or 248 shall be com-
menced except with the consent or under the direction of the
Minister. R.S.O. 1970, c. 53, s. 258.
Offence,
general
250. — (1) Except where otherwise provided, every person
who commits an act contrary to or fails or neglects to comply with
any provision of this Act or the regulations is guilty of an offence
and on conviction is liable to a fine of not more than $1,000 or, if
such person is a body corporate, to a fine of not more than $ 10,000.
Idem (2) Where a body corporate is guilty of an offence under sub-
section (1), every director or officer thereof who authorized, per-
mitted or acquiesced in the offence is also guilty of an offence and
on conviction is liable to a fine of not more than $1,000. R.S.O.
1970, c. 53, s. 259.
Limitation
251. — (1) No proceeding under section 247 or 248, or
under section 250 for a contravention of section 154, shall
be commenced more than one year after the facts upon
which the proceedings are based first came to the knowledge
of the Minister as certified by him. R.S.O. 1970, c. 53,
s. 260 (1).
Idem
(2) Subject to subsection (1), no proceeding for an offence
under this Act or the regulations shall be commenced more
than one year after the time when the subject-matter of the
offence arose. R.S.O. 1970, c. 53, s. 260 (3); 1978, c. 49,
s. 14 (2).
Sec. 255 ib) business corporations Chap. 54 549
252. — (1) Where a corporation or a director, officer or g^^ifjance
employee of a corporation does not comply with any provision
of this Act, the articles or the by-laws of the corporation, a
shareholder or a creditor of the corporation, notwithstand-
ing the imposition of any p)enalty in respect of such non-
compliance and in addition to any other rights he may have,
may apply to the court for an order directing the corporation,
director, officer or employee, as the case may be, to comply
with such provision, and upon such an application the court
may make such order or such other order as the court
thinks fit. R.S.O. 1970, c. 53, s. 261 (1).
(2) Where it appears to the Commission that any person ^em
or corporation to which section 115 or subsection 116 (1) applies
has failed to comply with or is contravening any such provision,
the Commission may, notwithstanding the imposition of any pen-
alty in respect of such non-compliance or contravention and in
addition to any other rights it may have, apply to the court for an
order,
{a) directing such person or corporation to comply with
such provision or restraining such person or cor-
poration from contravening such provision; and
(b) directing the directors and senior officers of such
person or corporation to cause such person or cor-
poration to comply with or to cease contravening any
such provision,
and upon such application, the court may make such order
or such other order as the court thinks fit. 1978, c. 49, s. 15.
253. The Minister may delegate in writing any of his m^ms^?^
duties or powers under this Act to any public servant in the
Ministry. R.S.O. 1970, c. 53, s. 262; 1972, c. 1, s. 1.
254. — (1) The Minister may require any fact relevant to ^^/^^
the performance of his duties under this Act or the regula-
tions to be verified by affidavit or otherwise.
(2) For the purpose of holding a hearing under this Act, g*^n|l
the Minister may administer oaths to witnesses and require
them to give evidence under oath. R.S.O. 1970, c. 53, s. 263.
255. The Minister shall cause notice to be published ^^^^SSn
forthwith in The Ontario Gazette , tiu Ontuno
GazttU
(a) of the endorsement of every certificate under
section 5, 30, 182, 186, 188, 189 or 240;
(6) of the issue of every certificate under section 11;
550
Chap. 54
BUSINESS CORPORATIONS
Sec. 255 (c)
(c) of the filing of a certified copy of an order under
subsection 206 (6) or subsection 219 (2);
id) of the filing of a notice by a liquidator under
subsection 206 (2); and
(e) of the issue of every order under section 154, 241 or
242. 1979, c. 36, s. 20.
Searches
256. — (1) Upon payment of the prescribed fee, any.
person is entitled to examine any document filed with or issued
by the Minister under this Act, and to make extracts there-
from.
Certifica-
tions by
Minister
(2) Upon payment of the prescribed fee, the Minister
shall furnish any person with a certificate as to whether or
not a document has been filed with or issued by him under
this Act or any predecessor thereof or with a certified copy
of any such document. R.S.O. 1970, c. 53, s. 265.
Execution
of certi-
ficates of
Minister
257. — (1) Where this Act requires or authorizes the
Minister to issue a certificate or certify any fact, the certificate
shall be issued under the seal of the Minister and shall be
signed by him or by such officer of the Ministry as is designated
by the regulations. R.S.O. 1970, c. 53, s. 266 (1); 1972, c. 1,
s. 1.
Certificates
as evidence
(2) Any certificate purporting to be under the seal of the
Minister and signed by a person authorized by or under sub-
section (1), or any certified copy, is receivable in evidence in
any action, prosecution or other proceeding as prima facie
proof of the facts so certified without proof of the seal or
of the signature or the official position of the person appear-
ing to have signed the certificate. R.S.O. 1970, c. 53, s. 266 (2).
Reproduction
of
signature
(3) For the purposes of subsections (1) and (2), any signature
of the Minister or any signature of an officer of the Ministry
designated by the regulations may be printed or otherwise
mechanically reproduced. 1979, c. 36, s. 21.
Date of
certificate
258. — (1) A certificate or authorization referred to in sections ■
5, 30, 182, 186, 188, 189, 190 and 240 or an order referred to in
subsection 242 (4) shall be dated as of the day the Minister receives
the duplicate originals of any articles, statement or application
together with all other required documents executed in accord-
ance with this Act and the prescribed fee, or as of any later date
acceptable to the Minister and specified by the person who signed
the articles, statement or application.
Sec. 261 (1) (c) BUSINESS CORPORATIONS Chap. 54 551
(2) Articles filed by the Minister under this Act shall have i>att"f
effect from the date of the certificate endorsed thereon not- ^ '*^'^
withstanding that any action required to be taken by the
Minister under this Act with respect to the endorsement of
the certificate and filing by him is taken at a later date,
1979, c. 36, s. 22, part.
259. — (1) If a certificate is endorsed by the Minister Corwted
on articles or any other document that contains an error, *^"*' "**^
the directors or shareholders of the corp)oration shall, upon
the request of the Minister, pass the resolutions and send to
him the documents required to comply with this Act, and take
such other steps as the Minister may reasonably require,
and the Minister may order the surrender of the certificate
and endorse a corrected certificate on the articles or any
other document after giving the corporation an opportunity
to be heard.
(2) A certificate corrected under subsection (1) shall bear Date
the date of the certificate it replaces and shall be deemed
to be in effect on that date.
(3) If a corrected certificate issued under subsection (1) Notice
materially amends the terms of the original certificate, the
Minister shall forthwith give notice of the correction in
The Ontario Gazette. 1979, c. 36, s. 22, part.
260. — (1) Where the Minister refuses to endorse a certificate ^^uceoi
on articles or any other document required by this Act to be to file
endorsed with a certificate by him before it becomes effective,
he shall give written notice to the person who delivered the
articles or other document of his refusal, specifying the
reasons therefor.
(2) Where, within six months after the deliver^' to the ''*''"^'°
Minister of articles or other documents referred to in sub- refusal
section (1), the Minister has not endorsed a certificate on such
articles or other document, he shall be deemed for the purposes of
section 261 to have refused to endorse it. 1979, c. 36, s. 23.
261. — (1) Anv person who feels aggrieved by a decision Appeal ^o™
r , , ,. . Minister to
of the Minister to, Divisional
Court
(a) refuse to endorse a certificate on articles or any other
document;
(6) issue or refuse to issue a certificate of amendment
under subsection 11 (1), (2) or (3);
(c) issue an order under section 241;
552
Chap. 54
BUSINESS CORPORATIONS See. 261 (1) (rf)
id) order the surrender of a certificate under section
259,
may appeal the decision to the Divisional Court. 1979, c. 36,
s. 24 (1).
Certificate
of Minister
(2) The Minister shall certify to the Registrar of the
Supreme Court,
(a) the decision of the Minister, together with a state-
ment of the reasons therefor ;
(b) the record of any hearing ; and
(c) all written submissions to the Minister or other
material that is relevant to the appeal.
ut?orf^° (3) The Minister is entitled to be heard, by counsel or
otherwise, upon the argument of an appeal under this
section. R.S.O. 1970, c. 53, s. 268 (2-4).
Order of
court
(4) Where an appeal is taken under this section, the
court may by its order direct the Minister to make such
decision or to do such other act as the Minister is authorized
and empowered to do under this Act and as the court thinks
proper, having regard to the material and submissions before
it and to this Act, and the Minister shall make such decision
or do such act accordingly. R.S.O. 1970, c. 53, s. 268 (5);
1979, c. 36, s. 24 (2).
Minister
may make
further
decision
(5) Notwithstanding an order of the court, the Minister has
power to make any further decision upon new material or
where there is a material change in the circumstances, and
every such decision is subject to this section. R.S.O. 1970,
c. 53, s. 268 (6); 1979, c. 36, s. 24 (3).
Appeal
from
Commission
262. Any person or corporation directly affected by a
decision of the Commission under this Act may appeal to the
R.S.O. 1980, Divisional Court and subsections 9 (2) to (6) of the Securities Act
apply to the appeal. 1978, c. 49, s. 16.
c. 466
Regulations 263. The Lieutenant Governor in Council may make
regulations respecting any matter that he considers necessary
relating to the incorporation, conduct and dissolution of
corporations including, without limiting the generality of the
foregoing, regulations,
(a) respecting names of corporations or classes thereof,
objects of corporations, authorized capital of cor-
Sec. 264 BUSINESS corporations Chap. 54 553
porations, the designation, preferences, rights, con-
ditions, restrictions, limitations and prohibitions
attaching to shares or classes of shares of corporations,
or any other matter jjertaining to articles or the
filing thereof;
- {by requiring the payment of fees for any matter that
the Minister is required or authorized to do under
this Act, and prescribing the amounts thereof;
(c) prescribing any matter required by this Act to be
prescribed by the regulations ;
id) designating officers of the Ministry for the purposes
of paragraph 7 of subsection 1(1) and section 257;
(e) respecting the form and content of information circulars
required by section 116;
(/) prohibiting the use of any words or expressions in a
corporate name;
(g) prescribing requirements for the purposes of clause 7 (1)
(c);
(ft) prescribing conditions for the purposes of subsection 7
(2);
(£) respecting the content of a special language provision
referred to in subsection 8 (2) permitting punctuation
marks and other marks referred to in subsection 8 (3);
O) defining any word or expression used in clause 7 (1) (b);
(k) prescribing the matters that the Minister shall take into
consideration in determining whether a name is contrarv
to section 7. R.S.O. 1970, c. 53, s. 271 ; 1972, c. 1.
s. 1; 1978, c. 49, s. 17; 1979. c. 36, s. 25.
264. The provisions of the Corporations Act relating to the f^'^^'J'^^^"
liability of the holder of shares that are not fully paid and to the not fully
enforcement of such liability continue to apply in respect of shares p*"*^ ^^^
that are not fully paid on the 1st day of January, 1971. R.S.O. c 9S
1970, c. 53, s. 272 (2).
Sec. 1 (h) BUSINESS PRACTICES Chap. 55 555
CHAPTER 55
business Practices Act
1. In this Act. gte^^re-
(a) "business premises" does not include a dwelling;
(6) "consumer" means a natural person but does not
include a natural person, partnership or association
of individuals acting in the course of carrying on
business ;
(c) "consumer representation" means a representation,
statement, offer, request or proposal,
(i) made respecting or with a view to the
supplying of goods or services, or both, to a
consumer, or
(ii) made for the purpose of or with a view to
receiving consideration for goods or services,
or both, supplied or purporting to have been
supplied to a consumer ;
(d) "Director" means the Director under the Ministry R s o i98o.
of Consumer and Commercial Relations Act;
{e) "dwelling" means a premises or any part thereof
occupied as living accommodation ;
(/) "goods" means chattels personal or any right or
interest therein other than things in action and
money, including chattels that become fixtures but
not including securities as defined in the Securities ^ ^^ *'*o-
Act;
(g) "Minister" means the Minister of Consumer and
Commercieil Relations ;
(h) "regulations" means the regulations made under
this Act;
556 Chap. 55 BUSINESS PRACTICES ScC. 1 (i)
(») "services" means services,
(i) provided in respect of goods or of real
property, or
(ii) provided for social, recreational or self-
improvement purposes, or
(iii) that are in their nature instructional or
educational ;
(J) "Tribunal" means The Commercial Registration
R s.o. 1980, Appeal Tribunal under the Ministry of Consumer
and Commercial Relations Act. 1974, c. 131, s. 1.
SSStices 2. For the purposes of this Act, the following shall be
deemed to be unfair practices.
[a) a false, misleading or deceptive consumer representa-
tion including, but without limiting the generality
of the foregoing.
(i) a representation that the goods or services
have sponsorship, approval, performance
characteristics, accessories, uses, ingredients, -
benefits or quantities they do not have.
(ii) a representation that the person who . is to
supply the goods or services has sponsor-
ship, approval, status, affiliation or connec-
tion he does not have,
(iii) a representation that the goods are of a
particular standard, quality, grade, style or
model, if they are not,
(iv) a representation that the goods are new, or
unused, if they are not or are reconditioned
or reclaimed, provided that the reasonable
use of goods to enable the seller to service,
prepare, test and deliver the goods for the
purpose of sale shall not be deemed to
make the goods used for the purposes of
this subclause.
Sec. 2 (fc) (i) BUSINESS PRACTICES Chap. 55 557
(v) a representation that the goods have been
used to an extent that is materially different
from the fact,
(vi) a representation that the goods or services
are available for a reason that does not
exist,
(vii) a representation that the goods or services
have been supplied in accordance with a
previous representation, if they have not,
(viii) a representation that the goods or services
or any part thereof are available to the con-
sumer when the person making the representa-
tion knows or ought to know they will not
be supplied,
(ix) a representation that a service, part, replace-
ment or repair is needed, if it is not,
(x) a representation that a specific price ad-
vantage exists, if it does not,
(xi) a representation that misrepresents the
authority of a salesman, representative,
employee or agent to negotiate the final
terms of the proposed transaction,
(xii) a representation that the proposed trans-
action involves or does not involve rights,
remedies or obligations if the representation
is false or misleading,
(xiii) a representation using exaggeration, innuendo
or ambiguity as to a material fact or failing
to state a material fact if such use or failure
deceives or tends to deceive,
(xiv) a representation that misrepresents the pur-
pose or intent of any solicitation of or any
communication with a consumer ;
(6) an unconscionable consumer representation made
in respect of a particular transaction and in
determining whether or not a consumer representa-
tion is unconscionable there may be taken into
account that the person making the representation
or his employer or principal knows or ought to
know,
(i) that the consumer is not reasonably able to
protect his interests because of his physical
infirmity, ignorance, illiteracy, inability to
558 Chap. 55 business practices Sec. 2 (b) (i)
understand the language of an agreement or
similar factors,
(ii) that the price grossly exceeds the price at
which similar goods or services are readily
available to like consumers,
(iii) that the consumer is unable to receive a
substantial benefit from the subject-matter
of the consumer representation,
(iv) that there is no reasonable probability of
payment of the obligation in full by the
consumer,
(v) that the proposed transaction is excessively
one-sided in favour of someone other than
the consumer,
(vi) that the terms or conditions of the pro-
posed transaction are so adverse to the
consumer as to be inequitable,
(vii) that he is making a misleading statement
of opinion on which the consumer is likely
to rely to his detriment,
(viii) that he is subjecting the consumer to undue
pressure to enter into the transaction ;
(c) such other consumer representations under clause (a)
as are prescribed by the regulations made in
accordance with section 16. 1974, c. 131, s. 2.
practices ^' — (^) ^° person shall engage in an unfair practice.
prohibited
deenied (^) ^ person who performs one act referred to in section 2
practice shall be deemed to be engaging in an unfair practice. 1974,
c. 131, s. 3.
Rescission 4. — (1) Subject to subsection (2), any agreement, whether
written, oral or implied, entered into by a consumer after
a consumer representation that is an unfair practice and
that induced the consumer to enter into the agreement,
(a) may be rescinded by the consumer and the consumer
is entitled to any remedy therefor that is at law
available, including damages; or
{b) where rescission is not possible because restitution
is no longer possible, or because rescission would
Sec. 4 (9) BUSINESS PRACTICES Chap. 55 559
deprive a third party of a right in the subject-
matter of the agreement that he has acquired in
good faith and for value, the consumer is entitled
to recover the amount by which the amount paid
under the agreement exceeds the fair value of the
goods or services received under the agreement or
damages, or both.
(2) Where the unfair practice referred to in subsection (1) comes E^mpian
within clause 2 (6), the court may award exemplary or punitive ^
damages.
(3) Each person who makes the consumer representation refer- Liability
red to in subsection (1) is liable jointly and severally with the
person who entered into the agreement with the consumer for any
amount that the consumer is entitled to under subsections (1) and
(2).
(4) Notwithstanding subsection 3 1(2) of the Consumer Protec- Liability
.,,.,.,. r^ . . , . of assignee
twn Act , the liability of an assignee of an agreement under subsec- r so i980,
tion (1) or of any right to payment thereunder is limited to the ^- ^^
amount paid to the assignee under the agreement.
(5) A remedy conferred by subsection (1) may be claimed ^™f^°on
by the giving of notice of the claim by the consumer in
writing to each other party to the agreement within six
months after the agreement is entered into.
(6) A notice under subsection (5) may be delivered person- ^^^^^
ally or sent by registered mail addressed to the person
to whom delivery is required to be made, and delivery by
registered mail shall be deemed to have been made at the
time of mailing.
(7) In the trial of an issue under subsection (1), oral^^'*®°^
evidence respecting an unfair practice is admissible notwith-
standing that there is a written agreement and notwith-
standing that the evidence pertains to a representation of a
term, condition or undertaking that is or is not provided
for in the agreement.
(8) This section applies notwithstanding any agreement or Application
waiver to the contrary.
(9) Subsection (3) does not apply to a person who, on '^^^^'^'^
behalf of another person, prints, publishes, distributes, from subs. (3)
broadcasts or telecasts a representation or an advertise-
ment that he accepts in good faith for printing, publishing,
distributing, broadcasting or telecasting in the ordinary
course of his business. 1974, c. 131, s. 4.
560
Duties of
Director
Order to
cease unfair
practice
Chap. 55 BUSINESS PRACTICES
5. The Director shall,
Sec. 5
(a) perform such duties and exercise such powers
as are given to or conferred upon the Director
under this or any other Act ;
{b) receive and act on or mediate complaints respect-
ing unfair practices ;
(c) maintain available for public inspection a record
of,
(i) assurances of voluntary compliance entered
into under this Act,
(ii) orders to cease engaging in unfair practices
issued under this Act. 1974, c. 131, s. 5.
6. — (1) Where the Director believes on reasonable and
probable grounds that any person is engaging or has engaged
in an unfair practice, the Director may order such person
to comply with section 3 in respect of the unfair practice
specified in the order.
Notice of
proposal
Request
for
beaming
(2) Where the Director proposes to make an order under
subsection (1), he shall serve notice of his proposal on each person
to be named in the order together with written reasons therefor.
(3) A notice under subsection (2) shall inform each person
to be named in the order that he is entitled to a hearing by
the Tribunal if he mails or delivers within fifteen days after
the notice under subsection (2) is served on him notice in
writing requiring a hearing to the Director and the Tribunal
and he may so require such a hearing.
Failure
to request
hearing
(4) Where a person upon whom a notice is served under
subsection (2) does not require a hearing by the Tribunal in
accordance with subsection (3), the Director may carry out
the proposal stated in the notice.
Hearing (5) Where a person requires a hearing by the Tribunal
in accordance with subsection (3), the Tribunal shall appoint
a time for and hold the hearing and, on the application
of the Director at the hearing, may by order direct the
Director to carry out his proposal or to refrain from carrying
out his proposal and to take such action as the Tribunal
considers the Director ought to take in accordance with
this Act and the regulations and for such purposes the
Tribunal may substitute its opinion for that of the Director.
Sec. 9 (1) BUSINESS PRACTICES Chap. 55 561
(6) The Tribunal may attach such terms and conditions conditiona
to its order as it considers proper to give effect to the pur-
poses of this Act.
(7) The Director and the person who has required the Pities
hearing and such other persons as the Tribunal may specify
are parties to proceedings before the Tribunal under this
section. 1974, c. 131, s. 6.
7. — (1) Notwithstanding section 6, the Director may make an Order for
order under subsection 6 (1) to take effect immediately where, in compliance
his opinion, to do so is necessary for the protection of the public
and, subject to subsections (3) and (4), the order takes effect
immediately.
(2) Where the Director makes an order under subsection (1), he Notice of
shall serve each person named in the order with a copy of the order
together with written reasons therefor and a notice containing the
information required to be in a notice referred to in subsections 6
(2) and (3).
(3) Where a person named in the order requires a hearing Hearing
by the Tribunal in accordance with the notice under sub-
section (2), the Tribunal shall appoint a time for and hold
the hearing and may confirm or set aside the order or exercise
such other powers as may be exercised in a proceeding
under section 6.
(4) Where a hearing by the Tribunal is required, the ^p^|"°°
order expires fifteen days after the giving of the notice
requiring the hearing but, where the hearing is commenced
before the expiration of the order, the Tribunal may extend
the time of expiration until the hearing is concluded.
(5) The Director and the jjerson who has required the Parties
hearing and such other persons having a direct interest in
the order as the Tribunal may specify are parties to pro-
ceedings before the Tribunal under this section. 1974, c. 131,
s. 7.
8. Notwithstanding that, under section 11 of the Ministry of ^^>
Consumer and Commercial Relations Act, an appeal is taken from ^f^ ^^'^^'
an order of the Tribunal made under section 6 or 7 , the order takes
effect immediately but the Tribunal may grant a stay until the
disposition of the appeal. 1974, c. 131, s. 8.
9. — (1) Any person against whom the Director proposes Asauran^^
to make an order to comply with section 3 may enter into compliance
a written assurance of voluntary compliance in the prescribed
form undertaking to not engage in the specified unfair
practices after the date thereof.
562
Chap. 55
BUSINESS PRACTICES
Sec. 9 (2)
Assurance
deemed
order
Under-
takings
Investiga-
tions by
order of
Minister
R.S.O. 1980,
c. 411
(2) Where an assurance of voluntary comphance is accepted
by the Director, the assurance has and shall be given for
all purposes of this Act the force and effect of an order
made by the Director.
(3) An assurance of voluntary compliance may include
such undertakings as are acceptable to the Director and
the Director may receive a bond and collateral therefor as
security for the reimbursement of consumers and reimburse-
ment of the Treasurer of Ontario for investigation and other
costs in such amount as is satisfactory to the Director. 1974,
c. 131, s. 9.
10. The Minister may by order appoint a person to
make an investigation into any matter to which this Act
applies as may be specified in the Minister's order and
the person appointed shall report the result of his investiga-
tion to the Minister and, for the purposes of the investigation,
the person making it has the powers of a commission under
Part II of the Public Inquiries Act, which Part applies to such
investigation as if it were an inquiry under that Act. 1974,
c. 131, s. 10.
Investiga-
tion by
Director
11. — (1) Where, upon a statement made under oath,
the Director believes on reasonable and probable grounds
that any person is contravening or is about to contravene
any of the provisions of this Act or regulations or an order
or assurance of voluntary compliance made or given pur-
suant to this Act, the Director may by order appoint one
or more persons to make an investigation as to whether
such a contravention of the Act, regulation, order or
assurance of voluntary compliance has occurred and the
person appointed shall report the result of his investigation
to the Director.
investigator (2) For purposes relevant to the subject-matter of an
investigation under this section, the person appointed to
make the investigation may inquire into and examine the
affairs of the person in respect of whom the investigation
is being made and may,
{a) upon production of his appointment, enter at any
reasonable time the business premises of such
person and examine books, papers, documents and
things relevant to the subject-matter of the investiga-
tion ; and
{b) inquire into the transactions, business affairs, manage-
ment and practices that are relevant to the subject-
matter of the investigation.
Sec. 11 (7) BUSINESS PRACTICES Chap. 55 563
and for the purposes of the inquiry, the person making the
investigation has the p)owers of a commission under Part II
of the Public Inquiries Act, which Part applies to such inquiry as if R so i98o.
it were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make obstniction
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a justice of the peace is satisfied, upon an ex parte %^g^^^
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is reasonable
ground for believing there are in any building, dwelling, recepta-
cle or place any books, papers, documents or things relating to the
person whose affairs are being investigated and to the subject-
matter of the investigation, the justice of the peace may, whether
or not an inspection has been made or attempted under clause (2)
(a), issue an order authorizing the person making the investi-
gation, together with such police officer or officers as he calls upon
to assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such entry
and search shall be made between sunrise and sunset unless the
justice of the peace, by the order, authorizes the person making
the investigation to make the search at night.
(5) Any person making an investigation under this section may, ^^g^^'
upon giving a receipt therefor, remove any books, papers, docu-
ments or things examined under clause (2) (a) or subsection (4)
relating to the person whose affairs are being investigated and to
the subject-matter of the investigation for the purpose of making
copies of such books, papers or documents, but such copying shall
be carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned to the
person whose affairs are being investigated.
(6) Any copy made as provided in subsection (5) and ^i^y")"
certified to be a true copy by the person making the copies
investigation is admissible in evidence in any action, pro-
ceeding or prosecution as prima facie proof of the original
book, paper or document and its contents.
(7) The Minister or Director may appoint any expert to ^/'p^^^®"*
examine books, papers, documents or things examined under
clause (2) (a) or under subsection (4).
564
Report
Chap. 55
BUSINESS PRACTICES
Sec. 11 (8)
(8) Where, upon the report of an investigation made
under subsection (1), it appears to the Director that a person
may have contravened any of the provisions of this Act or
the regulations, the Director shall send a full and complete
report of the investigation, including the report made to him,
any transcript of evidence and any material in the possession
of the Director relating thereto, to the Minister. 1974, c. 131,
s. 11.
Order to
reflrain
from dealing
with assets
12.— (1) Where.
(a) an investigation of any person has been ordered
under section 1 1 ; or
(b) an order has been issued against a person under
section 6 or 7; or
(c) an assurance of voluntary compliance has been
given under section 9,
the Director, if he believes it advisable for the protection of
consumers of the person referred to in clause (a), (b) or (c) may, in
writing or by telegram, direct any person having on deposit or
under control or for safekeeping any assets or trust funds of the
person referred to in clause (a), (b) or (c) to hold such assets or trust
funds or direct the person referred to in clause (a), (b) or (c) to
refrain from withdrawing any such assets or trust funds from any
person having any of them on deposit or under control or for
safekeeping or to hold such assets or any trust funds of clients,
customers or others in his possession or control in trust for any
interim receiver, custodian, trustee, receiver or liquidator
appointed under the Bankruptcy Act (Canada), the Judicature
Act, the Corporations Act, the Business Corporations Act or the
Winding-up Act (Canada), or until the Director revokes or the
Tribunal cancels such direction or consents to the release of any
particular assets or trust funds from the direction but, in the case
of a bank, loan or trust company, the direction only applies to the
office, branches or agencies thereof named in the direction.
Bond in (2) Subsection (1) does not apply where the person referred to in
clause (1) (a), (6) or (c) files with the Director,
(a) a personal bond accompanied by collateral security;
R.S.C. 1970,
cc. B-3, W-10
R.S.O. 1980,
cc. 223, 95, 54
R.S.O. 1980,
c. 192
{b) a bond of a guarantee company approved under
the Guarantee Companies Securities Act; or
(c) a bond of a guarantor, other than a guarantee
company, accompanied by collateral security.
Sec. 14(1) (c) BUSINESS PRACTICES Chap. 55 565
in such form, terms and amount as the Director determines.
(3) Any person in receipt of a direction given under Application
subsection (1), if in doubt as to the application of the direction direction
to any assets or trust funds, or in case of a claim being
made thereto by a person not named in the direction, may
apply to a judge or local judge of the Supreme Court who may
direct the disposition of such assets or trust funds and may
make such order as to costs as seems just.
(4) Any person referred to in clause (1) (a), {b) or (c) in respect of ^?^°*"i°°.
whom a direction has been given by the Director under subsection tion of
(1) may, at any time, apply to the court for cancellation in whole or refistration
in part of the direction and the court shall dispose of the applica-
tion after a hearing and may, if it finds that such a direction is not
required in whole or in part for the protection of consumers of the
applicant or that the interests of other persons are unduly pre-
judiced thereby, cancel the direction in whole or in part, and the
applicant, the Director and such other persons as the court may
specify are parties to the proceedings before the court. 1974,
c. 131, s. 12.
1 3. Any notice or document required by this Act to be |f ^^^j^
served or given may be served or given personally or by
registered mail addressed to the person to whom notice is
to be given at his last known address and, where notice
is served or given by mail, the service shall be deemed
to have been made on the fifth day after the day of mailing
unless the person to whom notice is given establishes that he,
acting in good faith, through absence, accident, illness or
other cause beyond his control, did not receive the notice,
or did not receive the notice until a later date. 1974, c. 131,
s. 13.
14. — (1) Every person employed in the administration of^^'^^t^^
this Act, including any f)erson making an inquiry, inspection
or an investigation under section 10 or 11 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, employment,' inquiry, inspection
or investigation and shall not communicate any such matters
to any other person except,
(a) as may be required in connection with the adminis-
tration of this Act and the regulations or any
proceedings under this Act or the regulations ;
(b) to his counsel or to the court in any proceeding
under this Act or the regulations ;
(c) to inform the consumer involved of an unfair
practice and of any information relevant to the
consumer's rights under this Act ; or
566
Chap. 55
BUSINESS PRACTICES
Sec. 14 (Did)
Testimony
in civil suit
(d) with the consent of the person to whom the informa-
tion relates.
(2) No person to whom subsection (1) applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course
of his duties, employment, inquiry, inspection or investiga-
tion except in a proceeding under this Act or the regulations.
1974, c. 131, s. 14.
Certificate
of Director
as evidence
15. A copy of an order or assurance of voluntary com-
pliance purporting to be certified by the Director is, without
proof of the office or signature of the Director, receivable
in evidence as prima facie proof of the facts stated therein for
all purposes in any action, proceeding or prosecution. 1974,
c. 131. s. 15.
Regulations \Q^ — (J) fhe Lieutenant Governor in Council may make
regulations,
(a) requiring persons engaging in a business that
includes consumer representations or any class of
them to make such returns and furnish such
information to the Director as is prescribed ;
(6) requiring any information required or permitted to
be furnished to the Director or contained in any
form or return to be verified by affidavit ;
(c) subject to subsection (2), adding to the consumer
representations that are deemed to be unfair
practices under clause 2 (a);
{d) exempting any class of person or type of consumer
from this Act or the regulations or any provision
thereof ;
(e) requiring the payment of fees in respect of the
inspection of public records maintained under sec-
tion 5;
if) prescribing forms for the purposes of this Act and
providing for their use ;
{g) prescribing the form, terms and collateral security
for bonds given with assurances of voluntary
compliance and providing for the forfeiture of bonds
and the disposition of the proceeds.
re^addttionai ^^^ ^ regulation under clause (1) (c) may be made when the
unfair Assembly is recessed or not in session and expires with the prorog-
practlces • ^ i i • <• • • • st-
ation of the resumed session or of the next ensuing session, as the
case may be. 1974, c. 131, s. 16.
Sec. 17 (6) BUSINESS PRACTICES Chap. 55 567
17. — (1) Every person who, knowingly, offenc«8
(a) furnishes false information in an investigation under
this Act ;
(6) contravenes a regulation ;
(c) fails to comply with any order or assurance of
voluntary compliance made or entered into under
this Act ; or
{d) obstructs a person making an investigation under
section 10 or 11,
is guilty of an offence and on conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more than
one year, or to both.
(2) Every person who engages in an unfair practice other than i*«™
an unfair practice prescribed by a regulation made under clause 16
(1) (c), knowing it to be unfair practice is guilty of an offence and
on conviction is liable to a fine of not more than $2,000 or to
imprisonment for a term of not more than one year, or to both.
(3) Where a corporation is convicted of an offence under sub- corporation
section (1) or (2), the maximum penalty that may be imposed upon
the corporation is S25,000 and not as provided therein.
(4) Where a corporation has been convicted of an offence under ^^^^^^
subsection (1) or (2), offlcera
(a) each director of the corporation ; and
(b) each officer, servant or agent of the corporation
who was in whole or in part responsible for the
conduct of that part of the business of the corporation
that gave rise to the offence,
is a party to the offence unless he satisfies the court that
he did not authorize, permit or acquiesce in the offence.
(5) No proceeding under this section shall be commenced J^^itation
more than two years after the time when the subject-
matter of the proceeding arose.
(6) A representation or advertisement printed, published, g«^*J^°"
distributed, broadcast or telecast by a person on behalf of ments
another in the ordinary course of business under circum-
stances that are not a contravention of subsection (2) shall
568 Chap. 55 business practices Sec. 17 (6)
not be deemed to be an unfair practice for the purposes of section
3 , but this subsection shall not be applied to affect the application
of section 6 to the representation. 1974, c. 131, s. 17.
Sec. 2 (1) BUSINESS RECORDS PROTECTION Chap. 56 569
CHAPTER 56
Business Records Protection Act
1, No person shall, pursuant to or under or in a manner Bas^^fs*
, , , . . , ,. . , records not
that would be consistent with compliance with any require- to be taken
ment, order, direction or subpoena of any legislative, admin- Ontario
istrative or judicial authority in any jurisdiction outside
Ontario, take or cause to be taken, send or cause to be sent
or remove or cause to be removed from a point in Ontario
to a point outside Ontario, any account, balance sheet, profit
and loss statement or inventory or any resume or digest
thereof or any other record, statement, report, or material
in any way relating to any business carried on in Ontario,
unless such taking, sending or removal,
(a) is consistent with and forms part of a regular prac-
tice of furnishing to a head office or parent company
or organization outside Ontario material relating to
a branch or subsidiary company or organization
carrying on business in Ontario ;
(b) is done by or on behalf of a company or person as
defined in the Securities Act, carrying on business in'*^^ ■'*°'
Ontario and as to a jurisdiction outside Ontario in
which the securities of the company or person have
been qualified for sale with the consent of the com-
pany or person ;
(c) is done by or on behalf of a company or person as
defined in the Securities Act, carrying on business
in Ontario as a dealer or salesman as defined in the
Securities Act, and as to a jurisdiction outside On-
tario in which the company or person has been regis-
tered or is otherwise qualified to carry on business
as a dealer or salesman, as the case may be ; or
(d) is provided for by or under any law of Ontario or of
the Parliament of Canada. R.S.O. 1970, c. 54, s. 1.
2. — (1) Where the Attorney General or any person having undertaking
an interest in a business as mentioned in section 1 hasnizance
reason to believe that a requirement, order, direction, or
subpoena as mentioned in section 1 has been or is likely to
be made, issued or given in relation to such business, he
may apply to a judge or local judge of the Supreme Court
570
Chap. 56
BUSINESS RECORDS PROTECTION
Sec. 2 (1)
for an order requiring any person, whether or not such person is
named in the requirement, order, direction, or subpoena, to fur-
nish an undertaking and recognizance for the purpose of ensuring
that such person will not contravene section 1 and the judge may
make such order as he considers proper. R.S.O. 1970, c. 54, s. 2
(1); 1972, c. 1, s. 9 (7).
of'court'^*^ (2) Every person who, having received notice of an appli-
cation under this section, contravenes this Act shall be deemed
to be in contempt of court and is liable to one year's im-
prisonment.
Idem
(3) Every person required to furnish an undertaking or
recognizance who contravenes this Act is in contempt of
court and in addition to any penalty provided by the recog-
nizance is liable to one year's imprisonment. R.S.O. 1970,
c. 54, s. 2 (2, 3).
Procedure
3. The practice and procedure of the Supreme Court applies
to every application made under this Act. R.S.O. 1970,
c. 54, s. 3.
Sec. 4 CANCER Chap. 57 571
CHAPTER 57
_^^____— -^^^ Cancer Act
PART I
THE ONTARIO CANCER TREATMENT AND RESEARCH
FOUNDATION
1. The corporation known as The Ontario Cancer Treat- ^°^^^^°
ment and Research Foundation, referred to in this Act as
the Foundation, is continued. R.S.O. 1970, c. 55, s. 1.
2. — (1) The Foundation shall consist of not fewer than**®'"^"
seven members who shall be appointed by the Lieutenant
Governor in Council and who shall hold office during pleasure.
(2) The Lieutenant Governor in Council may fill any vacancies
vacancies that occur from time to time in the membership
of the Foundation.
(3) Five of the members of the Foundation constitute a^^iorum
quorum for the transaction of business. R.S.O. 1970,
c. 55, s. 2.
3. — (1) The Lieutenant Governor in Council may appoint chairman,
one of the members to be chairman of the Foundation and chairman
another of the members to be vice-chairman of the Foun-
dation.
(2) The chairman shall preside at all meetings of theP^e^^^ing
Foundation at which he is present and in his absence the
vice-chairman shall preside and in the absence of both the
chairman and the vice-chairman the members present shall
elect one of themselves to preside. R.S.O. 1970, c. 55, s. 3.
4. Subject to the approval qi the Lieutenant Governor in ^^Ji^°7
Council, the Foundation may appoint an advisory medical board
board consisting of such persons representative of the medical
faculties of the University of Toronto, Queen's University,
The University of Western Ontario and the University of
Ottawa, and of radiotherapists, surgeons, pathologists, internists,
physicists and the medical profession generzilly as the Foundation
considers appropriate. R.S.O. 1970, c. 55, s. 4, revised.
572
Chap. 57
CANCER
Sec. 5
Object
Agreements
5. The object of the Foundation is to establish and conduct
a program of research, diagnosis and treatment in cancer,
including,
(a) the establishment, maintenance and operation of
research, diagnostic and treatment centres in general
hospitals or elsewhere ;
(6) the transportation of patients and escorts to its
treatment centres or to the hospital of the Institute
for diagnosis, treatment or investigation ;
(c) the establishment, maintenance and operation of
hostels in connection with its treatment centres or
the hospital of the Institute ;
{d) the laboratory and clinical investigation of cancer
problems ;
{e) the co-ordination of facilities for treatment ;
(/) the adequate reporting of cases and the recording
and compilation of data ;
{g) the education of the public in the importance of
early recognition and treatment ;
{h) the providing of facilities for undergraduate and
post-graduate study ;
{i) the training of technical personnel ; and
(;) the providing and awarding of research fellow-
ships. R.S.O. 1970, c. 55, s. 5.
6. Subject to the approval of the Lieutenant Governor
in Council, the Foundation may make agreements with uni-
versities, medical associations, hospitals and persons for the
purpose of carrying out the object of the Foundation.
R.S.O. 1970, c. 55, s. 6.
Information
to be
confidential
7. — (1) Any information or report respecting a case of
cancer furnished to the Foundation by any person shall be kept
confidential and shall not be used or disclosed by the Founda-
tion to any person for any purpose other than for com-
piling statistics or carrying out medical or epidemiological
research.
Liability (2) No action or other proceeding for damages lies or shall
be instituted against any legally qualified medical practi-
Sec. 13 (2) CANCER Chap. 57 573
tioner or any licensed dental surgeon or any hospital in
respect of the furnishing to the Foundation of any infor-
mation or report with respect to a case of cancer examined,
diagnosed or treated, by such medical practitioner or dental
surgeon or at such hospital. 1972, c. 34, s. 1.
~S. The Foundation may employ a director and officers, staff
clerks and servants and may engage the services of experts
and other persons and may pay such director, officers, clerks,
servants, experts or other persons such remuneration as it
considers proper out of its funds. R.S.O. 1970, c. 55, s. 7.
9. Subject to the approval of the Lieutenant Governor in^y-iaws
Council, the Foundation may make such by-laws, rules or
regulations as are considered expedient for the administration
of its affairs. R.S.O. 1970, c. 55. s. 8.
10. The funds of the Foundation consist of moneys received Funds
by it from any source including moneys appropriated for its
use by the Parliament of Canada or the Legislature of On-
tario, and the Foundation may disburse, expend or otherwise
deal with any of its funds in such manner not contrary to
law as it considers proper. R.S.O. 1970, c. 55, s. 9.
1 1 . The members of the Foundation and its medical ad- Expenses
visory board shall be paid such amounts for travelling and
other expenses as the Foundation, subject to the approval
of the Lieutenant Governor in Council, may determine from
time to time. R.S.O. 1970, c. 55, s. 10.
12. The accounts of the Foundation shall be audited Audit
annually by the Provincial Auditor or by such qualified auditor
as the Lieutenant Governor in Council designates, in which
event the costs of the audit shall be paid out of the funds of
the Foundation. R.S.O. 1970, c. 55. s. 11.
13. — (1) The Foundation shall after the close of each ^g^^*'
fiscal year make a report upon its affairs during the preceding
year to the Minister of Health and every such report shall
contain a financial statement, certified by the auditor, show-
ing all moneys received and disbursed by the Foundation
during the preceding year. R.S.O. 1970, c. 55, s. 12 (1).
(2) The Minister of Health shall submit the report to theWem
Lieutenant Governor in Council and shall then lay the report
before the Assembly if it is in session or, if not, at the
next ensuing session. R.S.O. 1970, c. 55, s. 12 (2); 1972,
c. l,s. 78(1).
574
Chap. 57
CANCER
Sec. 14 (1)
Power to
expropriate
land and
erect
buildings
14. — (1) Subject to the approval of the Lieutenant Gover-
nor in Council, the Foundation may acquire by purchase or
lease, or may enter upon, take and use without the consent
of the owner thereof, any land and buildings that are con-
sidered suitable for the purposes of the Foundation and may
erect buildings, acquire and install machinery and equipment
and purchase all such instruments, materials and appliances
and other matters and things that are considered necessary.
Application
of
R.S.O. 19S(),
c. 148
(2) Whenever the Foundation exercises the power to enter
upon, take or use lands without the consent of the owner
thereof, the Expropriations Act applies. R.S.O. 1970, c. 55,
s. 13.
Right to
acquire
patents,
etc.
15. Subject to the approval of the Lieutenant Governor
in Council, the Foundation may apply for, or acquire by
purchase, assignment or otherwise, rights in any patent relat-
ing to any remedy for the prevention or cure of cancer and
may sell and dispose thereof or of any interest therein, and
grant or assign any rights that have been acquired by the
Foundation thereunder. R.S.O. 1970, c. 55, s. 14.
Property
not liable
to assess-
ment
16. The real and personal property, business and income
of the Foundation is not subject to taxation for municipal
or provincial purposes. R.S.O. 1970, c. 55, s. 15.
PART II
THE ONTARIO CANCER INSTITUTE
Institute
continued
17. The corporation known as The Ontario Cancer In-
stitute, referred to in this Act as the Institute, is con-
tinued. R.S.O. 1970, c. 55, s. 16.
Members
18. — (1) The Institute shall consist of fifteen persons
appointed by the Lieutenant Governor in Council, namely,
(a) five persons representing the Foundation, one of
whom shall be the chairman of the Foundation ;
{b) three persons representing The Governing Council
of the University of Toronto ;
(c) one person representing the Board of Trustees of
the Toronto General Hospital ;
{d) one person representing the Board of Trustees of
The Hospital for Sick Children ;
{e) one person representing the governing body of St.
Michael's Hospital ;
Sec. 24 CANCER Chap. 57 575
(/) one person representing the Board of Governors of
The Toronto Western Hospital;
(g) one person representing the Board of Governors of
the Women's College Hospital ;
_ ^A) one p)erson representing the Board of Governors of
the Toronto Wellesley Hospital ;
(i) one person representing the Board of Governors
of New Mount Sinai Hospital,
who shall hold office during pleasure.
(2) The Lieutenant Governor in Council may fill any '^*<^°^*®*
vacancies that occur from time to time in the membership
of the Institute in accordance with the method of represen-
tation prescribed in this section.
(3) Five of the members of the Institute constitute a Qaorom
quorum for the transaction of business. R.S.O. 1970, c. 55,
s. 17, revised.
19. The Lieutenant Governor in Council may appoint one chairman
of the representatives of the Foundation as chairman of the
Institute. R.S.O. 1970, c. 55, s. 18.
20. Subject to the approval of the Lieutenant Governor in ^g^icai^
Council, the Institute may appoint an advisory medical board board
consisting of legally qualified medical practitioners, scientists
and other persons. " R.S.O. 1970, c. 55, s. 19.
21. The object of the Institute is to maintain, manage object
and operate a provincial hospital with facilities for cancer
research, diagnosis and treatment. R.S.O. 1970, c. 55, s. 20.
22. Subject to the approval of the Lieutenant Governor ^^®®'"®°^
in Council, the Institute may make agreements with the
Foundation or with any university, medical association,
hospital or person for the purpose of carrying out the object
of the Institute. R.S.O. 1970, c. 55, s. 21.
23. The Institute may employ a director and such staff as^**^
may from time to time be required for the purposes of the hos-
pital and may pay such director and staff such remuneration
as it considers proper out of its funds. R.S.O. 1970, c. 55,
s. 22.
24. Subject to the approval of the Lieutenant Governor By-i**^
in Council, the Institute may make such by-laws, rules or
576
Chap. 57
CANCER
Sec. 24
regulations as are considered expedient for the administra-
tion of its affairs. R.S.O. 1970, c. 55, s. 23.
Funds
Estimates
Expenses
25. — (1) The funds of the Institute consist of moneys
received by it from any source, including the Foundation,
and the Institute may disburse, expend or otherwise deal with
any of its funds in such manner not contrary to law as it
considers proper.
(2) The Institute shall annually prepare and submit to
the Foundation the estimates of the moneys required for its
purposes during the ensuing fiscal year. R.S.O. 1970, c. 55,
s. 24.
26. The members of the Institute and its medical advis-
ory board shall be paid such amounts for travelling and
other expenses as the Institute, subject to the approval of
the Lieutenant Governor in Council, determines from time
to time. R.S.O. 1970, c. 55, s. 25.
Audit 27. The accounts of the Institute shall be audited
annually by the Provincial Auditor or by such qualified
auditor as the Lieutenant Governor in Council designates, in
which event the costs of the audit shall be paid out of the
funds of the Institute. R.S.O. 1970, c. 55, s. 26.
Annual
report
Idem
Property
not liable
to assess-
ment
28. — (1) The Institute shall after the close of each fiscal
year make a report upon its affairs during the preceding
year to the Minister of Health and every such report shall
contain a financial statement, certified by the auditor,
showing all moneys received and disbursed by the Institute
during the preceding year. R.S.O. 1970, c. 55, s. 27 (1).
(2) The Minister of Health shall submit the report to the
Lieutenant Governor in Council and shall then lay the
report before the Assembly if it is in session or, if not, at
the next ensuing session. R.S.O. 1970, c. 55, s. 27 (2);
1972, c. l,s. 78(2).
29. The real and personal property, business and income
of the Institute are not subject to taxation for municipal or
provincial purposes. R.S.O. 1970, c. 55, s. 28.
Sec. 3 (2) CANCER REMEDIES Chap. 58 577
CHAPTER 58
__^,_- Cancer Remedies Act
1. In this Act, interpre-
tation
(a) "Commission" means The Commission for the In-
vestigation of Cancer Remedies;
(b) "Minister" means the Minister of Health. R.S.O.
1970.C. 56, s. 1.
2. — (1) The Lieutenant Governor in Council may appoint commis-
one or more persons as a commission known as The Com- appdint-
mission for the Investigation of Cancer Remedies. '"®°'
(2) The Commission is a body corporate. status
(3) The member or members of the Commission shall hold ^m^^^
office during the pleasure of the Lieutenant Governor in
Council.
(4) Where there is more than one member of the Com- chairman:
quorum
mission,
(a) the Lieutenant Governor in Council may appoint
one of the members of the Commission to be chair-
man ; and
{h) a majority of the members of the Commission con-
stitutes a quorum and a majority vote of the
members present at any meeting of the Commission
determines any question. R.S.O. 1970, c. 56, s. 2.
3. — (1) The objects of the Commission are to investigate, objects
approve, disapprove, encourage or report upon any substance
or method of treatment that is believed to be, or likely to be,
or is advertised, held out to be or used as a remedy for
cancer, and the Commission may take such measures as it
considers necessarv' to accomplish its objects.
(2) The funds of the Commission consist of the monevs Funds
received by it from any source, including the moneys appro-
priated for its use by the Parliament of Canada, the Legis-
lature of Ontario, or the King George V Silver Jubilee Cancer
Fund, and the Commission may disburse, expend or otherwise
deal with any of its funds as it considers proper.
578
Chap. 58
CANCER REMEDIES
Sec. 3 (3)
Commission
may enter
into agree-
ments
(3) Subject to the approval of the Lieutenant Governor
in Council, the Commission may enter into agreements with
any university, medical association, hospital or other asso-
ciation, corporation or person for the purpose of carrying out
its objects.
Officers,
clerks and
servants
(4) The Commission may employ officers, clerks and ser-
vants and may engage the services of experts and other
persons and may pay any such officer, clerk, servant, expert
or other person such remuneration as it considers proper out
of its funds.
(5) The members of the Commission shall be paid such
Remunera-
tion of
members of remuneration out of its funds as the Lieutenant Governor
in Council may determine. R.S.O. 1970, c. 56, s. 3.
Commission
to furnish
financial
statement
4. The Minister may require the Commission to furnish
him with a financial statement showing all moneys received
and disbursed by it, and may require the Provincial Auditor
or any other qualified auditor to conduct an audit of its
funds and the cost of such audit shall be paid out of its
funds. R.S.O. 1970, c. 56, s. 4.
Submission
of samples
of treatment
5.— (1) The Commission may require any person who ad-
vertises, offers for sale, holds out, distributes, sells or admin-
isters either free of charge or for gain, hire or hope of reward,
any substance or method of treatment as a remedy for
cancer to submit samples of such substance or a description
of such treatment and samples of any substance used with
such treatment to the Commission together with the formula
of such substance and such other information pertaining to
such substance or method of treatment as the Commission
may determine.
Information (2) The Commission shall not divulge anv information relat-
not to be . ^ ' . . i r i ■ ■,
divulged ing to the composition or formula of any substance received
by it, except to a person authorized by it to investigate
the substance.
Oath of
secrecy
(3) The Commission may administer an path in such
form and manner as it may determine, binding any such
person not to divulge information furnished to him. R.S.O.
1970,c. 56,s. 5.
Investigation
of
treatment
6. Where a substance or method of treatment is submitted
to the Commission under section 5, the Commission shall cause
the substance or method of treatment to be investigated and,
upon the conclusion of the investigation, shall make a deter-
mination or finding as to merit or value as a remedy for
cancer of the substance or method of treatment, but the
Sec. 9 CANCER REMEDIES Chap. 58 579
Commission may at any time before concluding its inves-
tigation make such determination or finding of a temporary
nature as it considers proper, and every determination or
finding of the Commission shall be recorded in its minutes
R.S.O. 1970,c. 56,s. 6.
7. The Commission shall make a report of any determina- Reports
tion or -finding relating to a substance or method of
treatment,
(a) to the Minister ; and
(b) to the person who submitted the substance or method
to the Commission for investigation,
and the Minister may publish the report in such manner
as he considers proper. R.S.O. 1970, c. 56, s. 7.
8. No action in libel or slander or otherwise lies or shall AcUon
be instituted against the Minister, the Commission, any mem- Commission
ber of the Commission or any officer, clerk or servant
employed by the Commission or any expert or other person
engaged by the Commission, whether in the public or private
capacity of the Minister, member, officer, clerk, servant,
expert, or other person, in respect of any act or omission in
connection with the administration or carrying out of this
Act. R.S.O. 1970, c. 56, s. 8.
9. Every person who contravenes any of the provisions of offence
this Act or who fails or neglects to obey any order, direc-
tion or requirement of the Commission is guilty of an
offence and on conviction is liable for a first offence to a fine of not
less than $100 and not more than $500 and for any subsequent
offence to a fine of not less than $500 and not more than
$2,500. R.S.O. 1970, c. 56, s. 9.
Sec. 1 (k) CEMETERIES Chap. 59 581
CHAPTER 59
_ Cemeteries Act
1. In this Act. aS'oT^
(a) "Cemeteries Advisory Board" means the advisory
board established under the regulations made under
a predecessor of this Act ;
(6) "cemetery" means land that is set apart or used
as a place for the interment of the dead or in
which human bodies have been buried ;
(c) "columbarium" means a structure designed for
the purpose of storing the ashes of human remains
that have been cremated ;
(d) "crematorium" means a building fitted with the
proper appliances for the purposes of the cremation
of human remains, and includes everything incidental
or ancillary thereto ;
(e) "inspector" means an inspector designated under
this Act;
if) "local board" means the local board of health
of a municipality in which it is proposed to establish
or in which there is a cemetery;
ig) "mausoleum" means a building or other structure
used as a place for the interment of the dead
in sealed crypts or compartments;
(h) "Minister" means the Minister of Consumer and
Commercial Relations;
(i) "Ministry" means the Ministry of Consumer and
Commercial Relations;
{j) "owner" means a person who owns, controls or
manages a cemetery, mausoleum or columbarium ;
[k) "perpetual care" means the preservation, improve-
ment,'embelhshment and maintenance in perpetuity
582
Chap. 59
CEMETERIES
Sec. 1 ik)
in a proper manner of lots and plots in a cemetery
or of compartments in a mausoleum or columbarium ;
(/) "perpetual care funds" means the funds and property
received by an owner for the purpose of providing
perpetual care generally of a cemetery, mausoleum
or columbarium or of any particular part thereof;
(m) "pre-need assurance fund" means the moneys set
aside by the owner out of the amount received
from the sale of cemetery supplies and cemetery
services as defined by the regulations ;
(«) "regulations" means the regulations made by the
Lieutenant Governor in Council under this Act.
R.S.O. 1970, c. 57, s. 1 ; 1972, c. 1, s. 31.
Inspectors 2. The Minister may designate one or more officers
of the Ministry to be inspectors for the purposes of this
Act and the regulations with such powers and duties
as the regulations prescribe. R.S.O. 1970, c. 57, s. 2;
1972, c. l,s. 1.
Advisory ®^ 3. The Lieutenant Governor in Council may make regu-
Board lations respecting the Cemeteries Advisory Board and pre-
scribing its powers and duties. R.S.O. 1970, c. 57, s. 3.
pro^s^oMin "** ^^ere the provisions of a general or special Act
other Acts conflict with the provisions of this Act or the regulations,
the provisions of this Act and the regulations prevail.
R.S.O. 1970, c. 57. s. 4.
Establish-
ment of
cemeteries,
etc.
5. No cemetery shall be established or enlarged, and
no crematorium, columbarium or mausoleum shall be estab-
lished, enlarged, altered or used, until the approval of the
Ministry has been obtained in the manner hereinafter
provided. R.S.O. 1970, c. 57, s. 5; 1972, c. 1, s. 1.
Application
and material
6. An application for such approval shall be made in
writing to the council of the municipality, and the applicant
shall submit therewith a detailed plan and description in
duplicate of the land proposed to be acquired or used for
cemetery, crematorium, columbarium or mausoleum purposes,
together with such other information as the regulations
require. R.S.O. 1970, c. 57, s. 6.
toSunfstri"" ^' ^^^ apphcation and one of the duplicates of the
plan and description of the land and all other material
filed with the application shall be transmitted to the
Sec. 12 CEMETERIES Chap. 59 583
Ministry together with a statement of the opinion of the
council of the municipality thereon. R.S.O. 1970, c. 57,
s. 7; 1972, c. l,s. 1.
8. — (1) No application for the establishment or enlarge- deposit
ment of a cemetery, columbarium or mausoleum to be maintenance
operated for gain or profit shall be approved unless the
owner has set aside as a deposit to assure the maintenance
of the cemetery, columbarium or mausoleum, as the case
may be, the sum prescribed by the regulations and in the
manner so prescribed.
(2) The sum set aside as a deposit under subsection Transfer
/ . V 1 , 1 . . 1 1 .to owner
(1) may be returned to the owner upon such terms and
conditions as the regulations prescribe. R.S.O. 1970, c. 57,
S.8.
9. — (1) The approval of the Ministry shall be by order Approval
in writing signed by the Minister or Deputy Minister
and shall contain a sufficient description of the cemetery,
crematorium, columbarium or mausoleum proposed to be
established or of the land that is to be annexed to it.
(2) The order may be registered in the proper land registry Registration
office, and upon its registration the cemetery, crematorium, col-
umbarium or mausoleum may be established or enlarged as the
order directs.
(3) The approval of the Ministry may be revoked by ^®ap^ovi?
an order in writing signed by the Minister or Deputy
Minister, and thereafter the land mentioned in the order
shall not be used for the interment of the dead until a
further approval has been issued. R.S.O. 1970, c. 57, s. 9;
1972, c. l,s. 1.
10. No cemetery that is to be operated for gain orApp^vai
profit shall be used for the interment of the dead until
approval of the Ministry therefor has been obtained. R.S.O.
1970, c. 57, s. 10; 1972, c. l,s. 1.
11. Every person who establishes, enlarges or uses a offence
cemetery, or who establishes, enlarges, alters or uses a
crematorium, columbarium or mausoleum, without the
approval of the Ministry, is guilty of an offence and on
conviction is liable to a fine of not less than $ 100 and not more than
$500. R.S.O. 1970, c. 57, s. 11; 1972, c. 1, s. 1.
12. The expenses of the Ministry shall be paid by ^p®"*®*
the applicant. R.S.O. 1970, c. 57, s. 12; 1972, c. 1, s. 1.
584 Chap. 59 cemeteries Sec. 13 (1)
ofSsmen 13.— (1) No person shall offer for sale or sell lots in a
cemetery unless,
(a) he is hcensed so to do under the regulations;
and
{b) the provisions of the sale contracts have been
approved by the Minister.
Exemption (2) This Section does not apply in respect of the sale
of lots in a cemetery or class of cemetery exempt therefrom
under the regulations. R.S.O. 1970, c. 57, s. 13.
of'cPe8?gni°ted ^'^' ^^^ provisions of this Act designated by the regu-
crematoria'° l3,tions apply with necessary modifications to crematoria, colum-
eto. ' baria and mausolea. R.S.O. 1970, c. 57, s. 14.
Regulations 15, — (1) Xhe Lieutenant Governor in Council may make
regulations,
{a) respecting the burial, disinterment, removal and
disposal of the bodies or other remains of deceased
persons ;
{b) respecting the plans, surveys, arrangement, condi-
tion, care, sale and conveyancing of lots, plots
and other cemetery grounds and property ;
(c) respecting the erection, arrangement and removal
of tombs, vaults, monuments, gravestones, markers,
copings, fences, hedges, shrubs, plants and trees in
cemeteries ;
{d) fixing the amount and type of bond or insurance
that shall be furnished or carried by persons
selling cemetery lots ;
(e) requiring owners of cemeteries to permit the plant-
ing, installation and erection of cemetery supplies
by owners of lots and such other persons and
upon such conditions as the regulations prescribe ;
(/) defining cemetery services and cemetery supplies
for the purposes of the regulations ;
(g) governing and regulating the charges for the sale
and care of lots and for cemetery services and
supplies ;
(A) regulating or restricting or prohibiting the sale
or offering for sale of cemetery lots and prescribing
Sec. 15(1) (9) CEMETERIES Chap. 59 585
the method, manner and conditions under which
cemetery lots may be sold or offered for sale ;
(t) prescribing the sum that shall be set aside as a
deposit to assure the maintenance of a cemetery,
columbarium or mausoleum to be operated for gain
— -^ or profit, the manner in which such sum shall be
set aside and the terms and conditions upon which
such sum may be returned ;
{j) prescribing the portion of the consideration of each
sale that must be paid into the pre-need assurance
fund, the portion that may be withdrawn therefrom
and the terms and conditions upon which such
withdrawal may be made;
{k) respecting the collection, amounts to be collected
and investment of funds for perpetual care and
maintenance of cemeteries ;
(/) requiring the filing or registration of plans of
cemeteries and prescribing the contents and details
of the plans and requiring that burials be made
in accordance with the plan ;
(m) requiring that the by-laws, rules or regulations
made by the owners of cemeteries be approved
by the Minister ;
(n) requiring information with regard to cemeteries and
the care and management thereof to be furnished
to the Minister ;
(o) requiring cemetery owners to supply financial and
other information prescribed by the regulations
to owners of cemetery lots and such other persons
as the regulations prescribe ;
{p) prescribing the amount of money that shall be
set aside for perpetual care by the owner, and
regulating the method and manner of the compu-
tation of the amount of money so to be set
aside, and prescribing the matters or things in and
about the cemetery, columbarium or mausoleum
upon which the owner may expend the income
from perpetual care funds ;
{q) requiring and prescribing records in connection with
the establishment, maintenance and operation of
cemeteries to be kept by owners, and prescribing
586 Chap. 59 CEMETERIES Sec. 15(l)(g)
the times at which the records shall be submitted
to the Minister and the information that shall
accompany the records ;
(r) prescribing the powers and duties of inspectors ;
(s) requiring the licensing of persons who offer for
sale or sell lots in a cemetery and prescribing the
terms and conditions upon which a licence may be
issued, the fees payable therefor, the form and term
thereof, and the terms and conditions upon which
any such licence may be renewed, suspended or
revoked ;
(t) exempting any cemetery, mausoleum or columbar-
ium, or any class thereof from the application of
section 13, 27, 28 or 29, and any cemetery that
is not operated for gain from any other provisions
of this Act, and prescribing the conditions under
which such cemetery, mausoleum or columbarium or
any class thereof shall be exempt therefrom, and
any such regulation may have a retroactive effect ;
(w) classifying cemeteries, mausolea and columbaria;
and
(v) designating the provisions of this Act that shall
apply with necessary modifications to crematoria, col-
umbaria and mausolea,
and any such regulation may be general in its application
or may be made applicable specially to any particular
locahty or cemetery.
Offence (2) Every person who contravenes any of the provisions
of the regulations is guilty of an offence and on conviction is liable
to a fine of not more than $ 100 for a first offence and not more than
$500 for any subsequent offence. R.S.O. 1970, c. 57, s. 15.
duties of ""^ 16. — (1) It is the duty of the local board and it has
local boards power
(a) to enter into and upon and to visit and inspect
any cemetery within the hmits of the municipality
and to examine and inquire into the condition
of the cemetery ;
(6) to see that the provisions of this Act and the
regulations are observed and to enforce their obser-
Sec. 19 CEMETERIES Chap. 59 587
vance by prosecution for the penalties imposed by
this Act ;
(c) to call for and collect such statistical and other
information as the Ministry requires with regard
to cemeteries and the care and management thereof;
{d) to report to the Ministry from time to time upon
the enforcement and administration of this Act;
and
{e) to see that every cemetery is properly fenced,
kept clear of weeds and otherwise cared for in a
proper manner and in accordance with this Act
and the regulations.
(2) Any of the powers conferred upon a local board ^8'®^"°°
by subsection (1) may be delegated to any person by the
local board.
(3) Where the Lieutenant Governor in Council is of^/^™P^*°°
. . 01 certain
opmion that a cemetery is being supervised and managed cemeteries
in a proper manner by a municipal council, board of park
management or cemetery board, he may exempt it from
any of the provisions of this section. R.S.O. 1970, c. 57,
s. 16; 1972, c. l,s. 1.
17. The treasurer of the municipality shall forthwith P^y^^n*^ for
- J r services
upon demand pay the amount of any account for services
performed under the direction of the local board, or for
any expenditure incurred by or on behalf of the local
board in carrying out the provisions of this Act or the
regulations, after the board has by resolution approved the
account and after a copy of the resolution certified by the
chairman and secretarv has been filed in the office of the
treasurer. R.S.O. 1970, c. 57, s. 17.
18. In territory without municipal organization, any ^^^!|^^^^<*
of the powers conferred upon a local board by this Act
may be exercised by the Ministry, any medical officer of
health or any public health inspector. R.S.O. 1970, c. 57,
s. 18; 1972, c. l,s. 1.
1 0. The Lieutenant Governor in Council may appoint investigation
,. . and report
any person to mvestigate and ref)ort upon the conditions
of any cemetery and the conduct of its affairs or those
of any corporation or trust or individual being the owner
or in control of a cemetery and to examine and audit
the books of account of any cemetery, and any person so
appointed has the powers of a commission under Part II of
588
Chap. 59
CEMETERIES
Sec. 19
R.s.o. 1980, the Public Inquiries Act, which Part applies to such investigation
as if it were an inquiry under that Act. R.S.O.
1970,
c. 57, s. 19; 1971, c. 49, s. 18.
Indivisible 20. All lots OF plots in a cemetery when numbered
and conveyed as burial sites or lots are indivisible, but
may afterwards be held and owned in undivided shares.
R.S.O. 1970, c. 57, s. 20.
Registration
of convey-
ance not
neceaaary
21. When a lot in a cemetery or a compartment in a
mausoleum or columbarium has been sold for a burial
site or for a deposit therein of human remains, it is not
necessary to register the conveyance nor shall such lot
or compartment be affected by any judgment, execution,
mortgage or encumbrance. R.S.O. 1970, c. 57, s. 21.
Repurchasing
lots
22. The owner of a cemetery may repurchase any lot
previously sold or conveyed or any part of such lot in
which no interment has been made. R.S.O. 1970, c. 57,
S.22.
Owner may
accept
devises,
gifts, etc.
23. — (1) The owner may take and hold by grant, assign-
ment, devise, bequest or otherwise any money or securities
and apply the same in preserving, improving and embellishing
the cemetery, upon the condition and in consideration of
assuming and undertaking the duty and obligation of
preserving and maintaining in a proper manner in perpetuity
any particular lot, tomb, monument or enclosure in the
cemetery or in any other cemetery or burying ground
in the same municipality or in any other municipality in
the same county or district, and any person may make
such grant, assignment, devise or bequest upon such condi-
tion and for such consideration.
bygrant"*^^ (2) The owner may also take and hold by grant, assign-
assignment, ment or devise from the owner thereof any lot in the
or devise ......
cemetery for the purpose of maintaining it in perpetuity
or otherwise in the manner and subject to the provisions
of the instrument of grant, assignment or devise.
to*kee^kfts (^) ^^^ owncF may agree to preserve and maintain in a
etc., in good proper manner in perpetuity the particular lot, tomb,
monument or enclosure in any cemetery designated in such
grant, assignment, devise, bequest or agreement.
Payment
over of
bequest
(4) Personal representatives or trustees may pay over
and transfer money or securities in their hands that they
are authorized or directed to apply for or toward the purposes
mentioned in this section.
Sec. 23 (8) CEMETERIES Chap. 59 589
(5) For the purpose of securing the due performance of Jjfjj^^®"'
such agreement, the owner shall invest the money received
under the agreement in the same manner as trustees are
authorized to invest trust money and out of the income
of such investment perform his obhgations under the
agreement.
(6) Every executor and trustee of an estate, the testator ^otioB to
or settlor of which has provided money or other property bequest or
for the care and upkeep of a plot or plots or other part perpetual
of a cemetery, and the registrar of the surrogate court *^*^®
from which probate issues, shall notify the owner of the
cemetery of the amount of money or other property so
provided for the care and upkeep or other benefits conferred
upon the cemetery immediately upon the issue of probate
or when the executor or trustee assumes the burden of the
administration of the estate.
(7) The owner may call upon an executor or trustee Pay^ne^t or
of the estate of a testator or settlor who has bequeathed owner of
or set aside or provided any money or other property Se^ed for
for the purpose of the upkeep or care of any lot or plot^JT"^
or part of a cemetery of such owner for the payment or
delivery over to the owner of such money or property to
be invested as hereinbefore provided, the income thereof
to be used by the owner as provided in the will of the
testator or instrument of the settlor, and on default the
owner may take out an appointment from the surrogate
judge of the county in which the cemetery is situate
directing the executor or trustee to appear before him at
such time and place as he appoints, and u|X)n the hearing,
pursuant to such appointment, the judge has authority to
direct payment or delivery over to the owner of such
money or property or make such other disposition thereof
in the premises as to him seems proper in order to carry
out fully the intention of the testator or settlor as set
forth in his will or other instrument, and the costs of and
incidental to the application are in the discretion of the
judge.
(8) Where the amount of the money or the value o^^ouiitcoo
the property directed to be delivered over to the owner or less
is $200 or less, the order may be filed in the small claims
court of the division in which the executor, trustee or
settlor resides, and, in all other cases, in the county
court of the county in which the executor, trustee or
settlor resides, and, when so filed, the order may be
enforced in like manner as a judgment of the court in
which it is filed.
590
Chap. 59
CEMETERIES
Sec. 23 (9)
Charges,
what may
and what
may not be
made by
owner
(9) The owner shall not make any charge in connection
with the erection of monuments, tombstones or vaults,
except a reasonable charge for opening graves and constructing
the foundations, or erecting monuments, tombstones or
vaults where the erecting is done by the owner.
Payment
of money
on deposit
in chartered
banks
(10) Where money has been deposited with a chartered
bank in Ontario to provide a fund to furnish revenue by
way of interest or otherwise for the perpetual upkeep of a
lot, the bank may pay the money to the owner for the
purposes for which it was deposited, to be dealt with
according to this Act, and the owner may give an effectual
release to the bank upon receiving the money. R.S.O.
1970, c. 57, s. 23.
Perpetual
care funds
to be set
aside
24. — (1) Where an owner sells or transfers a lot in a
cemetery or a compartment in a mausoleum or columbarium,
he shall set aside in trust for perpetual care, out of the
amount received on the sale or transfer, such amount as
the regulations prescribe.
Deficiency
in perpetual
care funds
(2) Where the amount received on the sale or transfer
is not sufficient to provide the amount prescribed by the
regulations or if nothing is received on the sale or transfer,
the owner shall forthwith make up the deficiency so as to
provide the amount so prescribed.
Disposition
of perpetual
care funds
(3) Where the owner is entitled to retain perpetual
care funds, he shall invest the amount so set aside or,
where he is not entitled to retain perpetual care funds,
he shall pay over the amount so set aside as provided
in this Act.
Application
oiperpetual
care income
(4) The owner shall, out of the income of such invest-
ment, preserve and maintain in a proper manner in perpetuity
all lots in the cemetery, or compartments or crypts in the
mausoleum or columbarium, as the case may be, and the
owner may, out of such income, preserve and maintain
tombs, monuments and enclosures and such other matters
or things in or about the cemetery, mausoleum or colum-
barium as are prescribed by the regulations. R.S.O. 1970,
c. 57, s. 24.
Records
to be kept
by owners
25. Every owner of a cemetery shall keep such records
in connection with the establishment, maintenance, and
operation of the cemetery as the regulations require and
shall submit the records to the Minister at such times and
with such information as the regulations prescribe. R.S.O.
1970, c. 57, s. 25.
Sec. 27 (7) CEMETERIES Chap. 59 591
26. Such officers of the Ministry as the Minister may Booi^and
, . , J J 1 , records to
appoint to inspect the books and records kept by owners be open to
in respect of the establishment, maintenance and operation Miniau-y
of cemeteries, shall for the purpose of inspection have
access to all such books and records at all reasonable times.
R.S.O. 1970.C. 57.S. 26;1972,c. l,s. 1.
27. — ^(1) Every owner shall pay over all perpetual care P^iretuai
funds that have heretofore and that hereafter come into [o trust
his possession to the Public Trustee or to a trust company ^"^"^p*"'-
registered under the Loan and Trust Corporations Act r so \9m.
within one month from the day on which the funds come "^ ""*'
into his possession or within such further period of time
as the regulations provide.
(2) The Public Trustee or trust company shall invest investment
the perpetual care funds as prescribed by section 28 and
pay the income therefrom to the owner for the purposes of
perpetual care.
(3) Where the owner has paid over perpetual care funds ^"^^^j^
under subsection (1), all perpetual care funds thereafter pai<i over
received by the owner shall be paid over to the Public
Trustee or to the trust company, as the case may be, to be
dealt with in like manner,
(4) Where the owner has paid over the perpetual care^^^*"
funds to a trust company in accordance with subsection (1)
or (3), the owner, with the approval of the Minister, may
direct the trust company to transfer any such funds to
another trust company referred to in subsection (1) or to the
Public Trustee.
(5) Where the owner has paid over the perpetual care idem
funds to the Public Trustee in accordance with subsection
(1) or (3), the owner, with the approval of the Minister, may direct
the Public Trustee to transfer any such funds to a trust company
referred to in subsection (1).
(6) Perpetual care funds that have been paid over to the^®^"**"*^""*"
Public Trustee or a trust company under this section shall
not be returned to the owner but shall form a trust in the
possession of the Public Trustee or the trust company.
(7) This section does not apply to the perpetual care^«'"P"°°
funds of a cemetery, mausoleum or columbarium or any
class thereof that is exempt from this section under the
regulations. R.S.O. 1970, c. 57, s. 27.
592
Chap. 59
CEMETERIES
Sec. 28 (1)
Investment
of funds
R.S.O. 1980,
c. 512
Deposit of
funds in
bank
nvestment
R.S.O. 1980,
C. 249
Exception
Interpre-
tation,
ss. 29-37
Passing
of accounts
Exception
Idem
28. — (1) Every owner entitled to hold perpetual care
funds, the Public Trustee or a trust company shall invest
perpetual care funds in the same manner as a trustee is
authorized to invest trust funds under the Trustee Act.
(2) Except as otherwise provided in this Act or the
regulations, the owner, Pubhc Trustee or a trust company,
pending the investment of perpetual care funds or pending
the payment over of such funds to the Public Trustee or a
trust company in the case of an owner not entitled to hold
perpetual care funds, may deposit them during such time
as is reasonable in the circumstances in any chartered
bank of Canada, or in the Province of Ontario Savings
Office, or in any trust company or loan corporation that is
registered under the Loan and Trust Corporations Act.
(3) This section does not apply to the perpetual care
funds of a cemetery, mausoleum or columbarium or any
class thereof that is exempt from this section under the
regulations. R.S.O. 1970, c. 57, s. 28.
29. — (1) For the purposes of this section and sections
30 to 37, "owner" includes a trust company to which
perpetual care funds have been paid.
(2) Every owner shall forthwith submit to be passed,
examined and audited, by the judge of the surrogate
court for the county or district in which his cemetery,
mausoleum or columbarium is located, accounts of his
dealings with perpetual care funds that have come into his
hands since the 1st day of January, 1952, but this sub-
section does not apply to any owner whose accounts with
respect to such funds have been so passed since the 1st day
of January, 1955.
(3) Notwithstanding subsection (2), where the owner of a
cemetery is a corporation that owns five or more cemeteries
located in more than one county, the owner may submit his
accounts to be passed, examined and audited by the judge
of the surrogate court of the Judicial District of York.
(4) On a passing of accounts, the judge may require the
owner,
(a) to submit additional accounts or information with
respect to perpetual care funds; and
(6) to make a full disclosure and accounting of all
perpetual care funds that have come into the
possession of the owner at any time.
Sec. 34 CEMETERIES Chap. 59 593
(5) Where a cemetery, mausoleum or columbarium is i***™
hereafter established, the owner shall, within five years after
its establishment, submit to be passed, examined and
audited by the judge, accounts of his dealings with perpetual
care funds.
(6) This section does not apply to perpetual care funds Exemption
of a cemetery, mausoleum or columbarium or any class
thereof that is exempt from this Act under the regulations.
R.S.O. 1970, c. 57, s. 29.
30. After the first passing of accounts under section 29^^°^*^
or a predecessor thereof, the owner shall submit his accounts accounts
with respect to perpetual care funds to be passed, examined
and audited at intervals not exceeding five years from the
date of the order made on the last previous passing of
accounts. R.S.O. 1970, c. 57, s. 30.
31. The judge of the surrogate court for the county or ^^j^^^
district in which a cemetery, mausoleum or columbarium is
located may direct a passing of accounts of perpetual care
funds at any time. R.S.O. 1970, c. 57, s. 31.
32. Where for any reason the judge considers it expedient, ^^^*°o°
he may from time to time, after notice has been given topa^^*'^,
the Public Trustee of an application to extend the time for
passing accounts, extend the time prescribed by section 29
or 30 for a period not exceeding two years. R.S.O. 1970,
c. 57, s. 32.
33. — (1) Except as provided in subsection (2), the provisions Provisioiis of
of the Surrogate Courts Act and the rules made thereunder cc 491, 512'
and of the Trustee Act with respect to the passing of^^PT^^^
accounts of an executor, administrator or trustee apply
with necessary modifications to the passing of accounts under this
Act, but the owner shall not be allowed any compensation for his
care, pains and trouble and his time expended in and about the
perpetual care funds, and any agreement made by the owner as
defined in clause 1 ij) with respect to the payment to a trust
company or to the Public Trustee for services in connection with
funds entrusted to the trust company or to the Public Trustee may
be reviewed and passed upon by the judge on a passing of
accounts.
(2) Notice of the passing of accounts shall be served only Notice
upon the Public Trustee unless the judge otherwise directs.
R.S.O. 1970, c. 57, s. 33.
34. If, upon the passing of accounts, the judge finds g^°'
that the owner has been guilty of a breach of trust or
has in his hands perpetual care funds that are not im-
594
Chap. 59
CEMETERIES
Sec. 34
mediately required for perpetual care purposes, or has
failed to set aside the proper amount for such purposes,
he may direct that the funds or a part thereof be paid to
the Public Trustee or to a trust company, or make such
order as he considers necessary to compel compliance
with this Act or the trust in question. R.S.O. 1970,
c. 57, s. 34.
toformation 35, An Owner shall from time to time furnish the Public
required 1 • <■
byPubiic Trustee with such mformation with respect to perpetual
care funds as the Public Trustee requires. R.S.O. 1970,
c. 57, s. 35.
required
bv>
Trustee
SfPubiic ^^' ^^^ Public Trustee shall be deemed to be a person
Trustee having an interest in perpetual care funds. R.S.O. 1970,
c. 57, s. 36.
Law
applicable to
property for
charitable
purposes
37. In addition to the powers, rights and obligations
created by this Act, the provisions of the general law either
statutory or otherwise apply to an owner or trust company
with respect to any perpetual care funds in his hands to the
same extent as they are applicable to a trustee having
funds or property in his hands for charitable purposes.
R.S.O. 1970, c. 57, s. 37.
Pre-need
assurance
funds
38. — (1) Every owner who sells cemetery supplies or
cemetery services to be furnished or supplied upon the
death of a person who is alive at the time the sale is made
shall establish and maintain a pre-need assurance fund.
Operation
of fund
(2) Every owner referred to in subsection (1) shall pay into
his pre-need assurance fund such portion of the consideration
of each sale as the regulations prescribe, and he may with-
draw from the fund such portion as the regulations prescribe
upon such terms and conditions as the regulations prescribe.
Application
of 8s. 27-37
(3) Sections 27 to 37, except subsection 27 (6), subsection 29 (2)
and subsection 33 (2), apply with necessary modifications to pre-
need assurance funds.
Minister
deemed to
have interest
(4) The Minister or a person designated by him shall be
deemed to be a person having an interest in pre-need
assurance funds.
Passing of
accounts
(5) Every owner shall forthwith submit to be examined,
audited and passed by the judge of the surrogate court for
the county or district in which his cemetery, columbarium
or mausoleum is located the accounts of his dealings with
the pre-need assurance moneys that have come into his
hands since the 1st day of November, 1957, but this sub-
Sec. 42 CEMETERIES Chap. 59 595
section does not apply to any owner whose accounts with
respect to such funds have been passed since the 1st day of
January, 1962.
(6) Notice of the passing of accounts shall be served upon wem
the Minister. R.S.O. 1970, c. 57. s. 38.
30. Where an action has been commenced by debenture TST'^^ ^
holders whose debentures are charges against the assets of a amount of
cemetery and perpetual care funds paid to the owner of thecarefuS^
cemetery have not been set aside as required by this Act and
the regulations and a receiver has been appointed by order
of the court, the Lieutenant Governor in Council may, not-
withstanding this Act and the regulations, fix the amount
to be set aside for perpetual care. R.S.O. 1970, c. 57, s. 39.
40. The owner of a cemetery that is not operated for^^J^^
gain or profit may maintain any lot, tomb, monument or o^*™®"" 'nth
enclosure that is not being properly maintained by or on maintenance
behalf of the owner thereof, and the reasonable charges
for so doing are a debt due by the lot owner to the owner
of the cemetery. R.S.O. 1970, c. 57, s. 40.
41. — (1) If additional land is required for the enlarge- ]^J^[;^
ment of a cemetery and the council of the municipality in additional
l&IlQfl CtiC
which the land is situate by by-law declares that in the
opinion of the council the owner should, for that purpose,
have power to expropriate any adjacent land described
in the by-law, and if the Ministry certifies that in its
opinion the proposed enlargement is for the public advantage
and convenience and ought to be permitted, the owner,
upon registering the by-law and certificate in the prof)er
land registry office, in respect of the land described in the by-law,
possesses the powers conferred upon the council of a local munici-
pality by the Municipal Act. R f^o '^so.
C. 302
(2) Where the owner, not being a municipal corporation, how^^^
desires to proceed under this section, proceedings for expro-tobe
priation may be initiated by notice. R.S.O. 1970, c. 57, °*
s. 41; 1972. c. 1, s. 1.
42. Subject to this Act and to the regulations, the ^"^^j^^
owner may make regulations for laying out and selling lots regulations
and managing the cemetery, for regulating burials therein,
the removal of bodies therefrom, the erection or removal of
tombs, monuments, gravestones, vaults, copings, fences,
hedges or other permanent improvements therein, the plant-
ing, placing and removal of trees, shrubs and plants in the
grounds, and otherwise generally respecting the use of the
grounds, and for the execution of conveyances of lots or
plots in the cemetery. R.S.O. 1970, c. 57, s. 42.
596
Chap. 59
CEMETERIES
Sec. 43
Power to
borrow
43. The owner may borrow money for the purpose of
laying out, making and improving roads in the cemetery,
and for that purpose may mortgage all his estate, right
and interest in the cemetery, but nothing in this section
authorizes the mortgagee or any one claiming under him to
use or deal with the cemetery in a manner inconsistent with
the continued use of it as a cemetery or inconsistent with
any provision of this Act for the preservation and protection
of it for cemetery purposes. R.S.O. 1970, c. 57, s. 43.
Duties of
owner
44. — (1) The owner shall,
(a) keep and maintain fences about the cemetery
sufficient to prevent dogs, cattle and other animals
from straying therein;
(6) keep the cemetery and the buildings and fences
thereof in good order and repair; and
(c) see that all burials in the cemetery are conducted
in a decent and orderly manner and that quiet and
good order are at all times maintained therein.
Weeds
R.S.O. 1980,
c. 530
(2) Where there is no person resident in the municipality
in which a cemetery is situate in charge of it, the cemetery
shall be deemed non-resident land within the meaning of
the Weed Control Act.
Offence
(3) Every owner who contravenes any of the provisions of
subsection (1) is guilty of an offence and on conviction is liable to a
fine of not more than $10 and $5 for every day during which the
contravention continues. R.S.O. 1970, c. 57, s. 44.
Sewers and
drains
45. Every owner shall construct all necessary sewers and
drains in and about the cemetery for draining it and keeping
it dry, and may whenever necessary connect any such
sewer or drain with an existing sewer with the consent in
writing of the municipal corporation or other body or the
person owning or controlling the highway, lane or other
public communication, or the land of which any part is to be
opened up for that purpose, doing as little damage as
possible and restoring the same to as good condition as
before the opening was made. R.S.O. 1970, c. 57, s. 45.
No offensive
matter to be
allowed into
rivers, etc.
46. — (1) The owner shall not cause or suffer any offensive
matter from the cemetery to be brought to or flow into any
river, spring, well, stream, canal, reservoir, aqueduct, pond
or watering place.
Sec. 52 (1) CEMETERIES Chap. 59 597
(2) Every owner who contravenes subsection (1) is guilty of an off«nce
offence and on conviction is liable to a fine of not more than $50,
and in addition is liable for any damage caused thereby to any
person having a right to use such water. R.S.O. 1970, c. 57,
s. 46.
4T.^1) The owner shall not cause or suffer any dead^^™"***
body to be interred in a vault or otherwise under or within within is
fifteen feet of the outer wall of a church, chapel or other churoh
building in the cemetery. waii8.etc.
(2) Every owner who contravenes subsection (1) is guilty of an o*^«°^
offence and on conviction is liable to a fine of not more than
$50. R.S.O. 1970, c. 57, s. 47.
48. — (1) The owner shall not permit any burial therein?!^"'"
\' / •' name to be
until he has been registered as the owner of the cemetery recorded
with the Registrar General, through the division registrar
of the municipality in which the cemetery is situate.
(2) Every owner who contravenes subsection (1) is guilty of an osence
offence and on conviction is liable to a fine of not more than
$50. R.S.O. 1970, c. 57, s. 48.
40. Where the owner neglects to keep a cemetery in good ^^^*°'
order or to erect or maintain fences as required by this
Act, the local board may give notice to him to do so,
specifying in the notice what he is required to do, and if
he does not within one month after the notice comply with
such requirements, the local board may cause such require-
ments to be complied with at his expense, and may levy
the cost thereof by distress and sale of the owner's goods
and chattels, or may maintain an action for the recovery
thereof. R.S.O. 1970. c. 57, s. 49.
50. Sections 5. 6, 7, 9, 11, 13, 15. 16, 17, 19. 42, 45 and^^Pi^t^o"
46 apply with necessary modifications to mausolea in the same ^^q^^
manner as they apply to cemeteries. R.S.O. 1970, c. 57, s. 50.
51. The Lieutenant Governor in Council may inake ^^^°°jj
regulations providing that the provisions of this Act respect- care and
ing perpetual care funds and pre-need assurance funds and provisions
the regulations with respect thereto apply to persons who do
not own a cemetery but who sell or offer for sale cemetery
lots or cemetery supphes and services. R.S.O. 1970, c. 57,
s. 51.
Provision
52. — (1) Where no interment has been made in a plot for ^^f®j°^
more than twenty years and the plot owner has not where no
, 1 1 ^ -i • J. A. t • t interment
maintained and kept it in a proper state of repair tor more made for
598
Chap. 59
CEMETERIES
Sec. 52 (1)
Notice of
application
Where
fund for
perpetual
care
maintained
and lots sold
than five years or has made default for more than five years
in payment of the maintenance charges referred to in
section 40, a judge of the county or district court of the
county or district, on the application of the owner of the
cemetery and after notice has been given as provided by
subsection (2) and on being satisfied that the facts are as
above set out, may authorize the owner of the cemetery to
sell and convey that part of the plot in which no interment
has been made, and the proceeds of any such sale, except
as otherwise provided in subsection (3), shall be invested and
the income derived therefrom shall be applied to the
perpetual care and maintenance of that part of the plot
in which an interment has been made.
(2) Where to the knowledge of the owner of the cemetery
the plot owner resides in the county or district, notice of the
apphcation shall be delivered to him personally or sent to his
address by registered mail at least four days before the time
fixed for hearing the application, and, where he resides in
some other county or district in Ontario and his place of
residence is known by the owner of the cemetery, the
notice shall be sent to the address of his residence by
registered mail at least ten days before the time fixed for
the hearing, and, where the place of his residence is not in
Ontario or is unknown, the judge may direct what notice,
if any, shall be given.
(3) Where the owner of a cemetery that is not operated
for gain or profit maintains a fund for the perpetual care
of the cemetery and plots or parts of plots are sold under
this section, the owner shall apply the proceeds received
from the sale, or so much as is available, in the following
order and priority:
Firstly. — In reduction or satisfaction of all arrears due
to the owner for the maintenance charges referred
to in subsection (1).
Secondly. — In providing for the perpetual care of that
part of the lot in which an interment has been
made.
Thirdly^ — Any balance remaining to be carried to the
credit of the perpetual care fund maintained by the
cemetery. R.S.O. 1970, c. 57, s. 52.
Graves to be 53 Where the owner of a cemetery is an incorporated
provided for • • , • -in j
strangers and company or a municipal corporation, it shall provide graves
treeot^ ^ for Strangers and for the indigent free of charge, but an
charge incorporated company is not bound to do so in the case of
Sec. 57 (1) CEMETERIES Chap. 59 599
an indigent except upon the certificate of a member of the
council of the municipality or of a minister or clergyman
that the relatives of the deceased are poor and cannot
afford to purchase a lot in the cemetery. R.S.O. 1970,
c. 57, s. 53.
54. — (1) The body of a person who has died of small jx)x, pisinterment
scarlet fever, measles, diphtheria, croup, bubonic plague, contagious
cholera, epidemic cerebrospinal meningitis, or epidemic *®"®*
anterior poliomyelitis shall not be disinterred, except for the
purpose of transportation or reinterment and in conformity
with the regulations.
(2) No such dead body shall be transported by railway, "^/^"f?*""*
steam or other vessel, or other public conveyance unless body
prepared in the manner provided by the regulations and
enclosed in a hermetically sealed coffin that shall not be
subsequently opened. R.S.O. 1970, c. 57, s. 54.
55. — (1) No dead body shall at any time be disinterred or Jfjg^""«°'
removed from the grave, place of burial or vault, other body
than a receiving vault, except under and subject to the
regulations and under the supervision and direction of the
medical officer of health.
(2) The certificate of the medical officer of health that this certificate
. J , 1 • 1 1 1 oimeolcal
Act and the regulations have been complied with shall be officer of
affixed to the coffin or other receptacle containing the dead
body before its removal from the cemetery.
(3) Every person who disinters or removes a dead bodyO^«°<*
from a grave, place of burial or vault, except as herein-
before provided, and every person who conveys or transports
any such body in contravention of this Act is guilty of an
offence and on conviction is liable to a fine of SI 00. R.S.O. 1970,
c. 57, s. 55.
56. Every human body interred in a cemetery that is not ^?^°^
placed or buried in a private vault so constructed as to
prevent the escap)e of noxious or unhealthful gases therefrom
shaU be buried so that the outside cover or shell of the
coffin or other receptacle is at least three feet beneath the
natural surface of the ground, and the coffin or other
receptacle shall be immediately covered with at least three
feet of earth. R.S.O. 1970, c. 57, s. 56.
57. — (1) Notwithstanding anything in this Act, where it is ^o*^^^*"*^-
deemed necessary to disinter a dead body for the purpose of
a judicial proceeding, the court in which the proceeding is
pending may direct its disinterment under and subject to
such conditions as to reinterment as are considered proper.
R.S.O. 1970, c. 57, s. 57 (1).
600
Chap. 59
CEMETERIES
Sec. 57 (2)
Attorney
Qeneral's
order
Coroner's
order
Closing
cemeteries
Removal of
bodies and
reinterment
in another
cemetery
Notice of
application
(2) Where the Attorney General considers it expedient for
the purpose of an inquiry as to the cause of death or
for the purpose of a criminal investigation or proceeding
that a body should be disinterred, he may exercise the
powers mentioned in subsection (1). R.S.O. 1970, c. 57,
s. 57 (2); 1972, c. 1, s. 9 (7).
(3) A coroner who has issued his warrant for the holding
of an inquest upon a dead body may direct it to be dis-
interred. R.S.O. 1970, c. 57, s. 57 (3).
58. Where the Ministry reports in writing that a cemetery
is so situated that, owing to the want of proper facilities for
drainage or from any other cause, it has become or is likely
to become dangerous to the health of the inhabitants of the
locality or that for any other reason it is expedient that it
should be closed, the Lieutenant Governor in Council may
declare it to be closed and thereupon no further interments
shall take place therein. R.S.O. 1970, c. 57, s. 58; 1972,
c. 1, s. 1.
69. — (1) Where a cemetery has been closed by the
Lieutenant Governor in Council and the owner of the
cemetery establishes to the satisfaction of the Lieutenant
Governor in Council that it is expedient that the bodies
therein should be removed therefrom, the Lieutenant Gover-
nor in Council may direct such removal in the manner
and according to the procedure provided by this section.
(2) Before the application for an order under subsection (1) is
granted, the owner shall give notice of the application.
(a) once a week for four successive weeks in The
Ontario Gazette;
(b) once a week for four successive weeks in a news-
paper having general circulation in the locality in
which the cemetery is situate; and
(c) by registered letter addressed to every plot owner
in the cemetery whose address is known or can be
ascertained by the owner.
Notice of
order to be
published
(3) After the making of the order, the owner shall
forthwith give notice thereof by publication once a week
for at least two successive weeks in The Ontario Gazette
and in a newspaper having general circulation in the locality
in which the cemetery is situate, or, if there is no such
newspaper, then in a newspaper in the county or district
town, that he will, at the expiration of thirty days from
the publication of the last of such notices, disinter and
Sec. 61 (1) (a) cemeteries Chap. 59 601
remove the bodies and reinter them in the place described
in the notice, which shall be in some cemetery in the same
or in an adjacent municipality.
(4) At the expiration of the time fixed by such notice, Time of
any bodies not removed by the relatives or friends of the a°d duties
deceased may be removed by the owner at his own expense,
and when removed shall be reinterred by him in the cemetery
mentioned in the notice.
(5) Sections 54, 55 and 56 apply to such disinterment, 0/*^"^"°°
removal and reinterment. 55,56
(6) The owner shall remove all monuments or headstones ^^°^^o^°^f
or other stones marking the graves in which bodies so monumentB.
removed are buried, and shall re-erect or replace them in the
cemetery to which the bodies are removed.
(7) If the owner satisfies a judge of the county or district ^J^^^
court of the county or district that he has removed from
the cemetery and reinterred as provided in this Act all the
remains which with the exercise of reasonable diligence he
has been able to find buried in the cemetery, the judge
may certify that this section has been complied with and
the certificate may be registered in the proper land registry office.
(8) The certificate when so registered is conclusive ^vi-^ctof^
dence that the owner has removed from the land therein
described cdl the remains there buried, and thereafter the
land shaU be deemed not to be a cemetery within the
meaning of this Act, but may be sold, leased or otherwise
disposed of and dealt with by the owner as if it had not been
a cemetery. R.S.O. 1970, c. 57, s. 59.
60. Where a cemetery has been closed by the Lieutenant ^^^^^^
Governor in Council and the owner does not proceed as other than
provided by section 59, the Lieutenant Governor in Council
may authorize any person to exercise the powers of the
owner in respect of a removal directed by the Lieutenant
Governor in Council and every expense incurred by such
person in so doing is a debt due and owing from the
owner to the Crown in right of Ontario. R.S.O. 1970,
c. 57, s. 60.
61. — (1) No person shall,
(a) wilfully destroy, mutilate, deface, injure or remove
any tomb, monument, gravestone or other struc-
ture placed in a cemetery, or any fence, railing
Prohibitions
602
Chap. 59
CEMETERIES
Sec. 61 (1) (a)
or other work for the protection or ornament of a
cemetery, or of any such tomb, monument, grave-
stone or other structure or of any lot in a cemetery ;
(b) wilfully destroy, cut, break or injure any tree,
shrub or plant in a cemetery, or wilfully injure,
destroy or deface any building or structure or any
road, walk or other works in a cemetery;
(c) play at any game or sport in a cemetery;
(d) discharge firearms in a cemetery, except at a
military funeral;
(e) wilfully and unlawfully disturb persons assembled
for the purpose of burying a body in a cemetery;
or
Offence
Animals
(/) commit a nuisance in a cemetery.
(2) Every person who contravenes any of the provisions
of subsection (1) is guilty of an offence and on conviction is liable to
a fine of not less than $4 and not more than $40.
(3) No person shall bring any dog, goat or cattle within
the limits of a cemetery, and every person so doing is
guilty of an offence and on conviction is liable to a fine of not more
than $20.
Liability (4) Every person who contravenes subsection (1) or sub-
section (3) is also liable in an action in the name of the
owner of the cemetery or of a burial plot upon which the
damage is done or other unlawful act committed to pay all
damages occasioned by his unlawful act and, when recovered,
the damages shall be applied under the direction of the
owner of the cemetery for the reparation and reconstruction
of the property destroyed. R.S.O. 1970, c. 57, s. 61.
municipality ^2. Where the owner of a cemetery cannot be found or is
to maintain unknown or is unable to maintain it, the council of the
cemetery
local municipality in which the cemetery is situate shall
maintain it and the corporation of the local municipality
shall for the purposes of this Act be deemed to be the owner
of the cemetery. R.S.O. 1970, c. 57, s. 62.
Power of ^ 63. The council of a local municipality may, with the
toexpro- approval of the Lieutenant Governor in Council, pass a
priate , '^ , ^
cemetery or Dy-law,
land to
establish
cemetery
Sec. 65 (1) id) CEMETERIES Chap. 59 603
(a) for expropriating land in the municipahty for the
establishment of a cemetery; or
(b) for expropriating a cemetery situate in the munici-
pality or in an adjacent township or in unorganized
territory,
and the Expropriations Act applies thereto. R.S.O. 1970, R ^o I'so,
c. 57, s. 63.
64. — (1) Where a local municipality has expropriated aPow?rof„
, .... . 1 , . , , municipality
cemetery, the municipality may, with the approval of the to convey
Minister,
{a) convey the cemetery to trustees elected in the
manner provided by section 75 or to a company
incorporated for the purpose of operating a cemetery
upon such trusts as the council of the municipality
considers proper; and
{b) assign to such trustees or company any money or
securities held by the municipality for the purpose
of providing for perpetual care of graves, lots,
gravestones or fences in the cemetery.
(2) Where a municipality has conveyed a cemetery to ^jPp^^*^*"^^
trustees under this section, section 75 applies with necessary
modifications. R.S.O. 1970, c. 57, s. 64.
66. — (1) Subject to sections 5 to 61 and to the regulations, ^y"^*""
the council of every local municipality and the trustees of
every police village may pass by-laws for,
(a) making an annual or other grant of money to the
owner of a cemetery situate in the municipality or
the police village, or in any adjacent municipality
or police village;
{b) regulating funerals and the interment of the dead ;
(c) acquiring land in the municipality or in the police
village or in an adjacent township or in unorganized
territory for a cemetery, or for the enlargement
of an existing cemetery of which the municipality
or police village is the owner ;
(d) selling or leasing parts of such land for the purpose
of interment in family vaults or otherwise, and
fixing the terms on which the land shall be conveyed
or leased and held;
604
Chap. 59
CEMETERIES
Sec. 65 (1) ie)
{e) the maintenance, management, regulation and con-
trol of any cemetery that is owned by the cor-
poration or the trustees whether situate in or outside
the municipality or police village.
Removal,
etc., of
monuments
(2) The authority given to make by-laws under clause (1) (e)
includes authority to provide for the removal or rearrangement of
any monument or gravestone or other structure in any cemetery
that the municipality or the police village, as the case may be, has
been charged with maintaining under section 62.
By-law
to be
approved by
Ministry
(3) No such by-law comes into force or takes effect until
it has been approved in writing by the Ministry. R.S.O.
1970, c. 57, s. 65; 1972, c. 1, s. 1.
prowbitin? ®®' ^^^ council of every urban municipality and the
interment trustees of every police village may pass by-laws for
prohibiting the interment of the dead in the municipality
or pohce village. R.S.O. 1970, c. 57, s. 66.
Power to
sell to
municl];>al
corporation
67. The owner of an existing cemetery or of any land
held for cemetery purposes may sell or transfer it to any
municipal corporation or to the trustees of any police village,
and, if it has not been used for burial purposes, the cor-
poration may sell it and acquire other land in lieu of it.
R.S.O. 1970, c. 57, s. 67.
Council of
city or town
may transfer
cemetery
to board of
park man-
agement
R.S.O. 1980,
c. 417
Cemetery
board in
city and
town
68. The council of a city or town for which there is a
board of park management established under the Public
Parks Act may by by-law transfer the control and manage-
ment of a cemetery vested in the corporation of the munici-
pality to such board, and thereafter the cemetery is vested
in the board of park management and the board has the
control and management of the cemetery and is responsible
for its maintenance in the same manner and to the same
extent as a municipal corporation owning and maintaining
a cemetery under this Act. R.S.O. 1970, c. 57, s. 68.
60. The council of a city or town owning or con-
trolling a cemetery situated either in or outside the limits
of the city or town may by by-law transfer the control and
management of the cemetery to a board consisting of not
fewer than three nor more than seven persons who shall
hold office during the pleasure of the council and may by the
by-law define the duties and powers of such board. R.S.O.
1970, c. 57, s. 69.
Cemetery jq^ — (J J Xhe council of a township may by by-law
townsMp appoint a board consisting of not fewer than three nor
Sec. 72 (3) CEMETERIES Chap. 59 60S
more than seven persons who shall hold office during the
pleasure of the council, and may by by-law provide that
the board shall have and may exercise in the municipality
all the powers and perform all the duties of a municipal
council with respect to cemeteries in the township, in-
cluding the powers and duties mentioned in section 62.
(2) Such a board is a corporation with the name of J°gJ<i^
"The Cemetery Board of the Township of {insert name q/ corporation
township)" and the ownership and control of the cemeteries
owned or controlled by the corporation of the township
are vested in the board.
(3) The council of a village has the like powers as are con- bowS^fn^
ferred on townships by subsections (1) and (2) not only with village
respect to cemeteries in the village but also as to cemeteries
outside the village owned and controlled by the corporation
of the village. R.S.O. 1970, c. 57. s. 70.
71. — (1) The council of every county shall appoint a^^^j^^j
committee to be known as "The {insert name of county) committee
War Memorial Committee" to take charge of monuments,
tablets and other memorials established or erected in the
county in commemoration of the nursing sisters, officers
and men of Her Majesty's forces who served, were wounded
or killed or died during any war, except only such monu-
ments, tablets and other memorials as are being cared for by
municipalities, churches or other organizations.
(2) The committee shall be composed of five persons of i<^®™
whom two shall be members of the county council and the
members of the committee shall serve without remuneration.
R.S.O. 1970, c. 57, s. 71.
72. — (1) Where ten or more inhabitants of a township or whe" i«f»<*i
t 1 • 1 • r t -t f for cemetery
part of a township desire to take a conveyance of land for a may be
VdStOQ ill
cemetery not for the exclusive use of any particular trustees
religious body, they may appoint trustees to whom, and
their successors appointed in the manner provided by the
conveyance, the land may be conveyed.
(2) Such trustees and their successors in perpetual suc-^^^^
cession, by the name expressed in the conveyance, may take, perpetT:uu^
hold and possess the land in trust for the uses and pur-
poses mentioned therein and may maintain and defend
actions for the protection thereof and of their property
therein.
(3) Not more than ten acres shall be held in trust under Liniitation
any such conveyance. R.S.O. 1970, c. 57, s. 72.
606
Chap. 59
CEMETERIES
Sec. 73
Cemetery
trustees
maybe
empowered
to take
over other
cemeteries
73. Where trustees have been appointed to take a con-
veyance of land for cemetery purposes in a township or
village and have acquired land in the township or village
for cemetery purposes and there is in the township or
village other land that has been used as a cemetery and
no provision has been made for the appointment of trustees
for such last-mentioned land and there is no person upon
whom the duty of maintaining and caring for the land rests
and the owner of such land is absent or unkown, the
Ontario Municipal Board, upon the application of the
trustees and after the giving of such public notice as the
Board considers sufficient, may make an order vesting such
last-mentioned land in the trustees and, upon the regis-
tration of the order in the proper land registry office, the land vests
in the trustees and they have and shall perform the same powers
and duties with respect thereto as with respect to other lands
conveyed to them for cemetery purposes. R.S.O. 1970, c. 57,
s. 73.
allowance*'^ ^'** ^^cre a road allowance that has not been opened
for travel passes through lands used for cemetery purposes
or separates or lies between lands used for cemetery
purposes and other lands vested in the trustees under
section 73, or conveyed to them, the Ontario Municipal
Board, upon the application of the trustees and after notice
to the council of the municipality and upon being satisfied
that it is in the public interest that the road allowance
should be closed and that the part thereof that passes
through or is adjacent to the cemetery lands should be
vested in the trustees, may make an order closing the
road allowance and vesting so much thereof as passes
through or adjoins the cemetery lands in the trustees, and,
upon the registration of the order in the proper land registry office,
the lands described in the order vest in the trustees for cemetery
purposes. R.S.O. 1970, c. 57, s. 74.
Election of
trustees
where no
other
provision
made
75. — (1) Where land has been set apart or sold for
cemetery purposes and used as a cemetery and no provision
has been made for the appointment of trustees of the
cemetery, or where there is no person upon whom the duty
of taking care of and maintaining a cemetery rests, the
owners of plots therein may elect trustees in the manner
provided in this section.
Meeting (2) Three or more of such owners may call a meeting
for the purpose of electing trustees by notice in Form 1
to be published once a week for two successive weeks in a
newspaper published in the local municipality in which
the cemetery is situate, or, if no newspaper is published in
Sec. 75 (11) CEMETERIES Chap. 59 607
the local municipality, then in the newspaper published
nearest to the local municipality.
(3) The date of the meeting shall not be less than two 5^*^,°J,
weeks from the date of the last publication of the notice.
meeting
(4) At the time and place named in the notice, the plot ci^irman
owners present shall elect from among themselves some secretary
person to act as chairman and a person to act as secretary
for the meeting.
(5) After the election of the chairman and secretary, the Ti""ee
trtiflt^ftfl to
plot owners present shall elect from among themselves three be elected
persons to be trustees of the cemetery.
(6) After the election of the trustees, the chairman and certificate
^ of election
secretary shall certify as to the election in Form 2.
(7) The certificate shall be made in triplicate and one of ^f fiii^*°°
them, with an affidavit of execution in the form prescribed certificate
by the Registry Act , shall be registered in the proper land registr>' R^ o iqso.
office, one of them shall be filed with the clerk of the local "^
municipality in which the cemetery is situate and the other of them
shall be delivered to the trustees.
(8) Upon the registration of the certificate, the cemetery is^gt^^^jon
vested in the trustees so appointed and their successors,
subject to any deed or other instrument setting it apart for
cemetery purposes or conveying it or any plot therein for
cemetery purposes and subject to the rights of any person
who may have theretofore purcheised plots in the cemetery
and subject to this Act.
(9) The trustees elected and their successors shall be 3J^^<f'
deemed to be the owners of the cemetery. owners
(10) Where a vacancy occurs in the office of trustee, ^^^^^^
whether originally elected or elected to fill a vacancy, his trustees
successor shall be elected and his election shall be certified
and the certificate shall be registered in the manner
provided in subsection (7).
(11) This section applies with necessar>' modifications to a Mausoleum
mausoleum that has been established and used and where there is
no person upon whom the duty of taking care of and maintaining
the mausoleum rests. R.S.O. 1970, c. 57, s. 75.
608
Chap. 59
CEMETERIES
Sec. 76 (1)
Adjoining
cemeteries
76. — (1) Where adjoining cemeteries are owned by sepa-
rate boards of trustees or companies, they may appoint
trustees to whom and to their successors, appointed in the
manner provided by the conveyance, all or any of the land
vested in the appointing bodies may be conveyed, and the
land may be conveyed accordingly and the trustees appointed
by such conveyance and their successors in perpetual
succession, by the name expressed in the conveyance, may
take, hold and possess the land thereby or thereafter con-
veyed to them as a site for a cemetery and for the enlarge-
ment of an existing cemetery, and maintain and defend
actions for the protection thereof and of their property
therein.
Cemeteries
maybe
vested in
company
(2) Instead of appointing trustees as provided by sub-
section (1), the cemeteries may be conveyed to and vested
in the company or in one of the companies upon such
trusts, if any, as the appointing bodies consider proper.
R.S.O. 1970, c. 57, s. 76.
Establish-
ment of
crematoria
77. The powers of an owner of a cemetery shall be
deemed to extend to and include the provision and main-
tenance of crematoria and columbaria and the disposal of
the bodies of deceased persons by cremation, and the
provision of such fixtures, appliances and facilities as are
deemed necessary in order that the cremation may be
carried on in accordance with accepted scientific principles.
R.S.O. 1970, c. 57, s. 77.
Regulation
of cremation
and disposal
of ashes
78. The owner may, subject to approval of the Lieuten-
ant Governor in Council, frame by-laws, rules and regulations
for the reception and cremation of the bodies of deceased
persons, for the deposit of ashes remaining therefrom in a
suitable columbarium or for otherwise disposing of them, and
for the fees and rates to be charged. R.S.O. 1970, c. 57,
s. 78.
Medical
certificate
R.S.O. 1980,
c. 409
79. No body shall be cremated unless a certificate and
permit similar to that now required for burial have been
produced nor within forty-eight hours after death, unless
death has been occ£isioned by a communicable disease
subject to quarantine and placard according to the Public
Health Act and the regulations made thereunder, and so
certified by a legally qualified medical practitioner, in which
case a duly constituted local board of health may order
that the body of the deceased be cremated forthwith.
R.S.O. 1970. c. 57, s. 79.
Coroner's
certificate
80. — (1) No body shall be cremated unless a certificate
in the prescribed form, signed by a coroner of the munici-
Sec. 83 CEMETERIES Chap. 59 609
pality in which the death took place, has been deposited
with the owner, which certificate shall contain the statement
that the cause of death has been definitely ascertained and
that there exists no reason for further inquiry or examination.
(2) Where the death took place outside Ontario, the where death
certificate required by subsection (1) may be issued by a Ontario
coroner of the municipality in which the body is to be
cremated. R.S.O. 1970, c. 57, s. 80.
81. The owner has the right to refuse to cremate in any ^f^
htto
use
case without assigning reasons. R.S.O. 1970, c. 57, s. 81. cremation
82. The Lieutenant Governor in Council may make such ReguiationB
regulations as are considered advisable for the better carrying
out of this Act. R.S.O. 1970, c. 57, s. 82.
83. Every person who contravenes any provision of this 9^^^
Act or the regulations is guilty of an offence and on conviction,
where no other penalty is provided, is liable to a fine of not less
than $5 and not more than $100. R.S.O. 1970, c. 57, s. 83.
610 Chap. 59 CEMETERIES Form 1
FORM 1
(Section 75 (2))
Take notice that a meeting will be held at (naming a place in the local
municipality in which the cemetery is situate) at
in the of on the day of ,
19 at the hour of o'clock in the
noon, for the purpose of electing trustees for the cemetery (here insert
description of land sufficient for the purpose of registration and name or
designation, if any, of the cemetery). The owners of plots are requested to
attend the meeting.
Dated at the day of ,
19....
A.B., CD., E.F.,
Plot Owners.
R.S.O. 1970. c. 57, Form 1.
FORM 2
(Section 75 (6) )
We hereby certify that at a meeting of the owners of plots in the
cemetery (here insert description of land sufficient for the purpose of registration
and the name or designation, if any, of the cemetery)
of , held pursuant to the
provisions of the Cemeteries Act, at on the
day of 19 .... , the following persons were elected
trustees of the cemetery :
A.B of
CD of..
E.F , of
(insert occupation and place of residence of each trustee).
Witness: Chairman
Secretary
R.S.O. 1970, c. 57, Form 2.
Sec. 3 (3) CENTENNIAL CENTRE OF SCIENCE, ETC. Chap. 60 611
CHAPTER 60
Centennial Centre of Science and
Technology Act
1. In this Act, Interpre-
' tation
{a) "Board" means the Board of Trustees of the Centre;
{b) "Centre" means The Centennial Centre of Science
and Technology ;
(c) "Minister" means the Minister of Culture and Recrea-
tion or such other member of the Executive Council as
the Lieutenant Governor in Council designates.
R.S.O. 1970, c. 58, s. 1; O. Reg. 53/76.
2. — (1) The corporation without share capital known as egt°*,Ji®gjjg^
The Centennial Centre of Science and Technology estab-
lished on behalf of Her Majesty in right of Ontario is con-
tinued and the corporation shall consist of not fewer than
sixteen and not more than twenty-six trustees.
(2) The centre shall have a seal, which shall be adopted by ®®*i
the Board by by-law.
(3) The fiscal year of the Centre commences on the 1st day fiscal
of April in each year and ends on the 31st day of March
in the following year.
(4) The Corporations Act does not apply to the Centre. R^ o i980.
r-f ' c 95 no!
R.S.O. 1970, c. 58, s. 2. to apply
3. — (1) The Lieutenant Governor in Council shall appoint ^p^*"/"
the trustees of the Centre who shall be its Board of Trustees, trustees
and shall designate one of them as chairman and one of them
as vice-chairman of the Board.
(2) A trustee may be appointed for a term not exceeding '^®"°
three years, but may be reappointed for one or more further
terms.
(3) The Centre may pay those of its trustees who are not fj®^""""*-
officers in the public service of Ontario such remuneration
and expense allowances as are from time to time fixed by the
Lieutenant Governor in Council.
612
Quorum
By-lawa
Chap. 60 CENTENNIAL CENTRE OF SCIENCE, ETC. ScC. 3 (4)
(4) A majority of the trustees for the time being constitutes
a quorum.
(5) The Board may, subject to the approval of the Minis-
ter, make by-laws regulating its proceedings and generally
for the conduct and management of its internal affairs, and
R.s.o. 1980, the Regulations Act does not apply to any such by-law.
C. 446
Delegation
to
committees
(6) A by-law establishing a committee of the Board may
delegate to the committee such powers and duties of the
Board as are determined in the by-law. R.S.O. 1970, c. 58,
s. 3.
BoanT^^ 4. — (1) The affairs of the Centre shall be under the control
of the Board, and the Board has all the powers necessary or
convenient to perform its duties or achieve the objects of
the Centre.
Responsible
to Minister
Chairman
(2) The Board is responsible to the Minister.
(3) The chairman shall preside at all meetings of the
Board, and, in his absence or if the office of chairman is
vacant, the vice-chairman has all the powers and shall per-
form the duties of the chairman. R.S.O. 1970, c. 58, s. 4.
Employees 5^ — (j) ^ Director General of the Centre may be appointed
R.S.O. 1980, yj^fjgj. ^.jjg Public Service Act and such other officers, clerks and
servants as are considered necessary from time to time for the
proper conduct of the business of the Centre.
Duties of
Director
Oeneral
(2) The Director General of the Centre shall have the
management and administration of the Centre, subject to the
supervision and direction of the Board. R.S.O. 1970, c. 58,
S.5.
Objects Q^ The objects of the Centre are,
(a) to depict to the public and to conduct a program
of education in the origins, development and progress
of science and technology, and their relationship
to society ;
(6) to depict the role of Ontario in the furtherance of
science and technology ;
(c) to stimulate the interest of the public in matters
depicted by the Centre ; and
(d) to collect and exhibit objects and displays and to
maintain and operate a museum and related facilities
Sec. 11 (1) CENTENNIAL CENTRE OF SCIENCE, ETC. Chap. 60 613
for the furtherance of the objects of the Centre
established as a project of Ontario in commemoration
of the Confederation Centennial. R.S.O. 1970, c. 58,
s. 6.
7. — (1) The moneys for the purp)oses of the Centre shall be ^^^'^
paid out of the moneys that are appropriated therefor by
the Legislature.
(2) The Board may acquire money, securities or other ^**"
property, real or personal, by gift, devise, bequest or other-
wise, and may expend, administer or dispose of any such
money, securities or other property in the promotion of its
objects, subject to the terms, if any, upon which such
money, securities or other property were given, devised, be-
queathed, or otherwise made payable to the Board or to
the Centre. R.S.O. 1970, c. 58, s. 7.
8. The real and personal property, business and income Exemption
of the Centre are exempt from all assessment and taxation taxation
made, imposed or levied by or under the authority of any
Act of the Legislature. R.S.O. 1970, c. 58, s. 8. ,
0. The accounts and financial transactions of the Centre ^^^^^
shall be audited annually by the Provincial Auditor, and a
report of the audit shall be made to the Board and to the
Minister. R.S.O. 1970, c. 58, s. 9.
10. The Board shall make a report annually to the Minis- Report
ter upon the affairs of the Centre, and the Minister shall
submit the report to the Lieutenant Governor in Council
and shall then lay the report before the Assembly if it is in
session or, if not, at the next ensuing session. R.S.O. 1970,
c. 58,s. 10.
11.— (1) The Lieutenant Governor in Council may make ^«^i*"°°«
regulations,
(a) establishing one or more endowment funds in fur-
therance of the objects of the Centre, and govern-
ing such funds ;
(6) regulating and governing the use by the public of
the facilities, property and equipment of the Centre ;
(c) requiring the payment of fees for the admission of
the public or any class thereof to the Centre, and
prescribing the amounts ;
614 Chap. 60 CENTENNIAL CENTRE OF SCIENCE, ETC. Sec. 11 (1)
{d) for any matter necessary or advisable to carry out
effectively the intent and purpose of this Act.
P«^"a''> (2) A person who contravenes a regulation made under subsec-
tion (1) is guilty of an offence and on conviction is liable to a
fine of not more than $100. R.S.O. 1970, c. 58, s. 11.
Sec. 5(1) CERTIFICATION OF TITLES Chap. 61 615
CHAPTER 61
Certification of Titles Act
I , In this Act, interpre-
tation
(a) "assurance fund" means The Certification of Titles
Assurance Fund;
ib) "Director" means the Director of Titles appointed under
the Land Titles Act; R ^ o >9»o-
' C. 230
(f ) "land registrar" means a land registrar appointed under
the Registry Act; R s x) i98o.
° -^ c. 445
(d) "prescribed" means prescribed by the regulations.
1979, c. 85, s. 1.
2. The Minister of Consumer and Commercial Relations is Administration
responsible for the administration of this Act. 1979, c. 85, s. 2.
3. This Act does not applv to land registered under the Land ^^^ere .\ct
Titles Act. 1979, C. 85, S. 3'. not .0 apply
4. — (1) An owner of or any person claiming an estate in fee Application
simple in land, whether or not the land is encumbered, may apply cmiiication
in the prescribed manner to the Director to have the title to the
land certified in the name of the applicant.
(2) A person whose claim to land is based on length of adverse 'f^i"!
possession may apply to the Director to have the title to the land
certified in the name of the applicant.
(3) An application under subsection (1) shall be deemed to be Jp^^^J^^^^^^
an action for the recover\- of land within the meaning of the for recovery
Limitations Act. 1979, c. 85, s. 4. ° g^ ^^^
c. 240
5. — (1) A notice of an application under section 4 shall be Service
served on every person or person of a class designated by regula-
tion and the notice is sufficiently served if it is sent by registered
mail addressed to that person at the address furnished under
section 166 of the Land Titles Act or section 37 of the Registry Act, ^^f^ ^^'
or where no such address has been furnished, addressed to the
solicitor whose name appears on the registered instrument by
which that person appears to have an interest.
616
Chap. 61
CERTIFICATION OF TITLES
Sec. 5 (2)
Where
consent
(2) Where a person to whom notice is required to be given under
subsection (1) consents, in writing, to the application, no notice is
required to be sent to that person. 1979, c. 85, s. 5.
Adverse
claim
Hearing
6. — (1) A person having a claim adverse to or inconsistent with
an application under section 4 may file a statement of claim,
verified by affidavit, with the Director at any time before the
certificate of title is registered.
(2) Where a statement of claim is filed, the Director shall
afford an opportunity for a hearing to determine the validity of
the claim.
Parties
(3) The applicant, every person who has filed a statement of
claim and such other persons as the Director may specify, are
parties to the proceedings in which a hearing is held under this
section.
Reference
to a judge
Copies to
be sent to
interested
parties
(4) The Director, instead of holding a hearing under subsec-
tion (2), may refer the matter to a judge of the county or district
court of the county or judicial district in which the land is
situate, or of such other county or judicial district as the par-
ties agree to, who shall hear and determine the claim on the
evidence before him or may direct the trial of an issue. 1979,
c. 85, s. 6.
7. — (1) Where the Director makes a decision, a copy of the
decision shall be sent by first class mail or delivered by the
Director to the applicant and to every person who has filed a
statement of claim under section 6.
Appeal
Appeal to
Divisional
Court
Notice of
appeal
Payment
of costs
Scale of
costs
(2) Any party aggrieved by a decision of the Director may
appeal to a judge of the county or district court of the county or
judicial district in which the land to which the decision relates is
situate, or of such other county or judicial district as the parties
agree to, and the appeal shall be by trial de novo.
(3) An appeal lies from a decision of a judge of a county or
district court under subsection (2) to the Divisional Court.
(4) Notice of any appeal under this section shall be served
on the Director. 1979, c. 85, s. 7.
8. — (1) An applicant under this Act is liable prima facie to
pay all costs, charges and expenses incurred as a result of his
application, except where parties whose rights are sufficiently
secured without their appearance object or where any costs,
charges or expenses are incurred unnecessarily or improperly.
(2) The Director may order costs, either as between party
and party or as between solicitor and client, to be paid by or to
Sec. 11 CERTIFICATION OF TITLES Chap. 61 61 7
any person who is party to a proceeding under this Act, and
may give directions as to the fund out of which the costs shall
be paid, regard being had to subsection (1).
(3) Any person aggrieved by an order of the Director made Appeal from
under this section may appeal to a judge of a county or district orikr *"^*
court who may annul or, with or without modification, con-
firm the order.
(4) If a person disobeys an order of the Director made under Enforcement
this section, the Director may certify the disobedience to a ** "''^ "
judge of a county or district court, and thereupon, subject to
the right of appeal, the order may be enforced in the like
manner and by the like proceedings as if it were an order of the
judge.
(5) The amount of all costs, charges and expenses properly Cost of
incurred by a trustee, mortgagee or other person having a bylr^te^"
power of selling land that are incidental to an application for a ^^*^
certificate of title shall be ascertained and declared by the
Director, and shall be deemed to be costs, charges and
expenses properly incurred by that person in the execution of
the trust or in pursuance of the power, and he may retain or
reimburse the same to himself out of any money coming to him
under the trust or power, and he is not liable to account in respect
thereof. 1979, c. 85, s. 8.
9. When the Director has completed his examination and DisposiUop
any matter referred to a judge is finally disposed of, or where appUcaUon
a hearing has been held and the Director has made his deci-
sion and any appeal therefrom has been disposed of, or where the
time for appeal has elapsed and no appeal has been taken, the
Director may issue a certificate of title to all or part of the land or
dismiss the application, as the case may be. 1979, c. 85, s. 9.
10. A certificate of title shall be registered by the Director Registration
in the land registry office for the registry division in which the certificate
land is situate. 1979, c. 85, s. 10.
1 1 . Upon registration under section 10, a certificate of title f^^^^^
is conclusive as of the day, hour and minute stated therein oftitk
that the title of the person named as owner of the land
described therein is absolute and indefeasible as regards the
Crown and all persons whomsoever, subject only to the
exceptions, limitations, qualifications, reservations and condi-
tions, covenants, restricUons, charges, mortgages, liens and
other encumbrances mentioned therein, and is conclusive that
every application, notice, publicafion, proceeding and act that
ought to have been made, given or done, has been made,
given or done in accordance with this Act. 1979, c. 85, s. 11.
618
Chap. 61
CERTIFICATION OF TITLES
Sec. 12 (1)
Certification
of Titles
Assurance
Fund
continued
12. — (1) The fund, known as The Certification of Titles
Assurance Fund, formed to compensate persons who may be
wrongfully deprived of land or some estate or interest therein
by reason of the title to the land being certified under this Act,
is continued.
Payment
into fund
(2) Before a certificate of title is registered, the applicant
shall pay, to the credit of the assurance fund, in addition to all
other fees, an amount of money equal to one-tenth of 1 per
cent of the value of the land described in the certificate.
Buildinf^s
(3) Where there are buildings on the land, the value of the
land shall include the value of the buildings.
Maximum
pajment
(4) Where the amount calculated under subsection (2) exceeds
$500, the amount payable is $500.
Minimum
payment
Valuation
of land
(5) Where the amount calculated under subsection (2) is less
than $25, the amount payable is $25.
(6) The value of the land shall be ascertained as of,
(a) the date of application; or
(b) a date not more than sixty days before the registra-
tion of the certificate,
whichever is later.
Proof of
value
(7) If the Director is not satisfied as to the value as estab-
lished by the affidavit of the applicant, the Director may
require a written appraisal of the land by a qualified appraiser
whose account shall be added to the costs of the application.
Applicant (8) The Director may require an applicant to indemnify the
required to assurance fund against loss by a bond or covenant in the pre-
indemnify fund scribed form, either with or without sureties or by such other
security as he considers proper.
Money
to be paid
into court
R.S.O. 1980,
c. 223
Claim
against
fund
(9) The money payable under this section shall be paid into
the Supreme Court and money standing to the credit of the
fund shall be invested from time to time under the direction of
the finance committee under section HI of the Judicature
Act, and such of the interest and income therefrom, as the
finance committee from time to time determines, shall be
credited to the assurance fund. 1979, c. 85, s. 12.
13. — (1) Where, as a result of section 11, a person is
wrongfully deprived of any interest in land, he is entitled to
recover what is just by way of compensation out of the assur-
Sec. 13 (9) CERTIFICATION OF TITLES Chap. 61 619
ance fund, so far as it is sufficient for that purpose having ref-
erence to other charges thereon, if the application is made
within six years from the time of having been so deprived, or
in the case of a person under the disability of infancy, mental
incompetency or unsoundness of mind, within six years from
the date at which the disability ceased.
(2) A person is not entitled to compensation from the assur- ^Vhere no
ance fund in respect of an interest in land existing before the *^'""p*'^"°"
effective date of the certificate of title unless that interest is
registered under the Registry Act against the title to the land or RS.o. i98o.
notice of it is given to the Director before the certificate is regis-
tered.
(3) Where a claim is made under subsection (1) in respect of Mining
land whose chief value is the ores, mines or minerals therein
and it appears that the claimant is entitled to compensation,
the entire value of the land, including buildings thereon, shall
not be taken at a greater sum than twice the amount that was
paid for the original grant from the Crown.
(4) A person claiming to be entitled to payment of compen- AppiicaUon
sation out of the assurance fund shall apply to the Direc- '"^p**™*"
tor.
(5) Except where he determines that the claim be paid in Hearing
full, the Director shall hold a hearing and the claimant and
such other persons as the Director may specify are parties to
the proceedings before him.
(6) The liability of the assurance fund for compensation and Determination
the amount of compensation shall, subject to appeal to a judge ° ^^^
of a county or district court, be determined by the Director,
and the costs of the proceedings under this section shall be in
the discretion of the Director or the judge, as the case may be.
(7) The Director shall serve notice of his determination under Appeal
subsection (6) by first class mail on the claimant.
(8) Where the Director determines that compensation should be Time for
paid but that the claim not be paid in full, the claimant, if he ^^^
intends to appeal, shall, within a period of twenty days after the
date of mailing of the notice under subsection (7), serve on the
Director notice of his intention to appeal, and the Director shall
not certify under subsection (9) the amount to the Accountant of the
Supreme Court if a notice of appeal is received within that period
or until after the expiry of that period if no notice of appeal is
received.
(9) Subject to subsection (8), the Director shall certify to the Pavment
Accountant of the Supreme Court any amount found to be payable fund
620
Chap. 61
CERTIFICATION OF TITLES
Sec. 13 (9)
Liability
for fraud
and error
under this section and, upon receipt of the certification of the
Director, the Accountant of the Supreme Court shall pay the
amount to the person entitled thereto.
(10) Any sum paid out of the assurance fund may, for the
benefit of the assurance fund, be recovered by action in the name
of the Director from the person on whose application the errone-
ous certificate of title was registered, or from his estate, and the
Director's certification of the payment out of the assurance fund is
sufficient proof of the debt. 1979, c. 85, s. 13.
Where 14. Proceedings under this Act shall not abate or be sus-
chanBc"of pended by any death or change of interest, but in any such
interest event the Director may require notice to be given to persons
occurs , ,. ."^^ iri. ..
becommg mterested, or may make an order for discontmumg,
suspending or carrying on the proceedings or otherwise as he
considers proper. 1979, c. 85, s. 14.
Regulations 15, The Lieutenant Governor in Council may make regu-
lations,
(a) designating persons or classes of persons to whom
notice of an application under section 4 shall be given
and specifying the manner in which notice may be
given;
(b) requiring the payment of fees upon the performance
of any official function under this Act and prescribing
the amounts thereof;
(c) prescribing forms and providing for their use;
id) prescribing the manner of making an application for
certification of title and the material to be submitted
with the application;
(e) governing standards and procedures for surveys and
plans made for the purposes of this Act;
(f) prescribing administrative procedures for the pur-
poses of this Act;
(g) prescribing the procedures to be followed by land
registrars with respect to matters under this Act;
(h) governing the correction of errors in certificates of
title. 1979, c. 85, s. 15.
Sec. 2 (3) CHANGE OF NAME Chap. 62 621
CHAPTER 62
Change of Name Act
1. In this Act, interpre-
tation
(a) "applicant" means a person applying for a change
of name under this Act ;
(b) "application" means an application for a change of
name under this Act ;
(c) "change" means any change by way of alteration,
substitution, addition or abandonment;
(d) "child" includes a child adopted under the laws of
Ontario ;
{e) "given name" includes a Christian name and a
baptismal name ;
(/) "name" includes a given name and a surname ;
(g) "Registrar General" means the Registrar General under
the Vital Statistics Act;
{h) "surname" includes a family name and pat-
ronymic. R.S.O. 1970, c. 60, s. 1.
2. — (1) Subject to section 13 of the Vital Statistics /I c< Compliance
and section 78 of the Child Welfare Act and except in thCj^^Q ,,gQ
case of a change of surname to that of her husband by a woman cc. 524. 66
upon her marriage and except in the case of the adoption
of her maiden name by a woman upon the annulment
or dissolution of her marriage, a person shall change his
name only under this Act.
(2) Nothing in this Act shall be deemed to affect any saving
change of name effected under any right that existed at
law before the 26th day of June, 1939. R.S.O. 1970, c. 60.
s.2(l,2).
(3) Any person of the full age of eighteen years who ^g§}4*^name
effected a change of name in Ontario under a right that changed
existed at law before the 26th day of Tune, 1939, may make June 26,
an application under this Act to change his name from the
622
Chap. 62
CHANGE OF NAME
Sec. 2 (3)
name he bore before the change to the name he bears as a
result of the change, as though the change had not been
effected. 1972, c. 44, s. 1.
Who may
apply
3. Any person may make an application who has had his
ordinary residence in Ontario for at least one year immediately
before making the application and who is at least eighteen years of
age. 1972, c. 44, s. 2.
Application
by married
person
4. — (1) A married person applying for a change of surname
shall also apply for a change of the surnames of his or her spouse
and of all unmarried minor children of the husband or of the
marriage.
Idem
(2) A married person may apply for a change of the given names
of any or all of his or her unmarried minor children. 1972 , c. 44,
s. 3.
Application 5. — (1) Where a widower or widow applies for a change or
bv widower , 111, 1 •, r 1 <-, r
or widow sumame, he or she shall also apply for a change of the surname oi
all of his or her unmarried minor children.
Idem
(2) A widower or widow may apply for a change of the given
name or names of any or all of his or her unmarried minor
children. R.S.O. 1970, c. 60, s. 5.
Application g. — (1) A person whose marriage has been dissolved may
person on make an application for a change of the name or names of any or
behalf of g^jj q£ j^j^g Unmarried minor children of whom he has lawful cus-
children
tody.
Proof
required
(2) An application under this section shall be accompanied
by such proof that the marriage has been dissolved and that
the applicant has lawful custody of the children named in
the application as the judge may require.
Consent
of other
parent
(3) No application under this section shall be granted
unless the other parent, if living, of the child or children
is served with notice of the apphcation and consents to the
change of name. R.S.O. 1970, c. 60, s. 6 (1-3).
Application
by divorced
woman who
remarries
(4) A woman whose marriage has been dissolved and who
remarries may apply under this section for a change of the
surname of her child or children to her surname on remarriage,
but no such application shall be granted unless her husband,
if living, consents. R.S.O. 1970, c. 60, s. 6 (4); 1972, c. 44.
S.4.
Sec. 10 (2) CHANGE OF NAME Chap. 62 623
7. Where an unmarried mother makes an application, she may Application
also make an application for any of her unmarried minor children married
of whom she has lawful custody. R.S.O. 1970, c. 60, s. 7. "'°^^"
8. An unmarried mother who marries, or a widowed mother .Application
who remarries, may make an application, with the consent of her in cmai"
husband if living, for a change of the surname of her unmarried c'^cum-
minor children, not being her husband's children, so that their
surname shall be her surname by marriage. R.S.O. 1970, c. 60,
s. 8; 1972, c. 44, s. 5.
9. — (1) Where an application includes an application for a^<»"s«"tof
change of the name of the spouse of the applicant or of any chiid^ *
unmarried minor children of the age of fourteen years or over, the
consent in writing of all such persons shall be obtained, and all
such persons shall appear on the hearing of the application, but
where the spouses have, in the opinion of the judge, been living
apart for a period of five years immediately before the application,
the judge may hear the application in the absence of and without
the consent of the spouse who is not apphing, in which case no
change of his or her name shall be effected.
(2) Where the consent of any person is required under subsec- Consent of
tion 6 (3) or (4) or under section 8, the consent in writing of all such or spo^
persons shall be obtained, and all such persons shall appear on the
hearing of the application.
(3) Notwithstanding subsection (2), where the judge is satis- Dispensing
/- I 1 . 1 /• 1 • • J *■"*> consent
fied that the other parent m the case of an application under
section 6 does not contribute to the support of the appli-
cant or the children on whose behalf the application is made,
or cannot be found, or is incapable of giving such consent,
or for any reason is a person whose consent ought to be dis-
pensed with, the judge may disp)ense with the service of the
notice of the application on such person and may hear the
application in his or her absence and without his or her
consent. 1972, c. 44, s. 7.
10.— (1) Every application shall be made to a judge of^pg^ation
the county or district court of the county or district in which
the applicant has resided for a period of one year immedi-
ately before the making of the application, and shall be
heard at such time and place as the judge may appoint in
writing.
(2) Where the judge who has appointed a time and place y^^^bTe^"?**
for the hearing of the application becomes ill or dies or forj^ar^^^^^
any other reason is unable to hear the application at the
624
Chap. 62
CHANGE OF NAME
Sec. 10(2)
time and place so appointed, the application may be heard by
another judge of the same county or district court or by any
judge who is for the time being acting as a judge of such
court. R.S.O. 1970. c. 60, s. 11.
Application
where
applicant
has not
resided in
county or
district for
one year
Idem
11. — (1) Notwithstanding subsection 10 (1), the applicant
may apply to a judge of the county or district court in the county or
district in which he resides for authority to make application
without having resided in such county or district for a period of
one year immediately before the application.
(2) The judge shall inquire into the circumstances, and, if he
is satisfied that the applicant would otherwise suffer hard-
ship, he may make an order authorizing the applicant to
make application forthwith and the order suffices in the stead
of the affidavit required by subsection 12 (2) in so far as that
affidavit refers to residence.
Idem
(3) The judge may in the order require the applicant to publish,
in addition to the notice required by subsection 13 (1), such addi-
tional notice in such counties or districts as he considers necessary,
and an affidavit as to publication of such additional notice shall
accompany the application for a change of name. R.S.O. 1970,
c. 60, s. 12.
Particulars
of
application
12. — (1) Every application shall set forth,
(a) the address and the date and place of birth of the
applicant ;
(b) where the applicant is married, the name in full
before marriage of the applicant's spouse, and the date
and place of the marriage ;
(c) the name in full of the applicant's father and, where
the applicant is married, the name in full of the father
of the spouse of the applicant ;
(d) the maiden name in full of the mother of the applicant
and, where the applicant is married, the maiden name
in full of the mother of the spouse of the applicant ;
(e) that he has had his ordinary residence in Ontario
for a period of not less than one year immediately
before making the application ;
(/) his occupation, profession or calling ;
ig) whether he has been convicted of a criminal offence
and the particulars of any such offence ;
Sec. 12 (3) (b) CHANGE OF NAME Chap. 62 625
(h) a statement containing full particulars of any
judgment or action pending against him, or any
chattel mortgage, lien or other registered encum-
brance against his personal property, or, if none,
a statement to that effect ;
_ (t) the name proposed to be adopted ;
(j) a statement containing full particulars of any change
of name effected previously, or, if none, a statement
to that effect ;
{k) the names, dates and places of birth and other
similar particulars with respect to all other persons
whose names may be changed as a result of the
application ;
(/) a statement of the reasons for desiring the change
of name. R.S.O. 1970, c. 60. s. 13 (1); 1972, c. 44.
S.8.
(2) Every application shall be accompanied by an affi-^P^*^"°°
davit of the applicant deposing, companied
^^ ^ ° by affidavit
(a) that he has resided in the county or district in
which the application is made for a period of not less
than one year immediately before the making of the
application ;
(b) that the statements contained in the application
are true ; and
(c) that the application is made by the applicant in
good faith and for no improper purpose. R.S.O. 1970.
c. 60,s. 13(2).
(3) Every application shall be accompanied by, m to**^**
executions
and bank-
la) a certificate of the sheriff of the county or district ruptcy
in which the application is made and of every other
county or district that the judge directs, as to the
\ existence of any unsatisfied executions in his hands
against the property of each person of the full age
of eighteen years whose name may be changed as
a result of the application ;
(6) a certificate of the Registrar in Bankruptcy of the
Supreme Court of Ontario as to the appearance in
the index book kept pursuant to section 181 of the
Bankruptcy Act (Canada) of the name of each person R |c i97o,
626
Chap. 62
CHANGE OF NAME
Sec. 12 (3) (b)
of the full age of eighteen years whose name may
be changed as a result of the application ; and
(c) where practicable, a certificate of the registration
of the birth of the applicant and of each other
person whose name may be changed as a result
of the application and a certificate of the registra-
tion of the marriage where the spouse is named in
the application. R.S.O. 1970, c. 60, s. 13 (3); 1971,
c. 98, s. 4, Sched., par. 5.
Notice of
application
13. — (1) Every applicant shall publish once in The Ontario
Gazette and once a week for three consecutive weeks in a
newspaper having general circulation in the locality in which
he resides, a notice of the application stating the name and
address and proposed name of every person whose name may
be changed as a result of the application, and the time and
place of the hearing of the application.
application (2) No application shall be heard until the expiration of
fourteen days after the date of the last publication of the
notice.
(3) A judge may by order dispense with the necessity of
Where
notice of
application publishing notice of the application as required by sub-
dispensed section (1) if, in his opinion,
with
{a) the applicant would be unduly prejudiced or em-
barrassed by such publication ;
{b) the change of name applied for is of a minor charac-
ter ; or
(c) the applicant has been commonly known under the
name applied for. R.S.O. 1970. c. 60, s. 14.
Documents
to be filed
14. Every applicant shall file with the clerk of the court in
which the application is made,
(a) the application with the affidavit referred to in subsec-
tion 12 (2) in duplicate;
(b) the certificates required under subsection 12 (3);
(c) an affidavit as to publication of the notice of the applica-
tion or a notarial copy of the order made under subsec-
tion 13 (3) dispensing with such publication; and
Sec. 17 (2) (a) change of name Chap. 62 627
(d) the appointment for the hearing. R.S.O. 1970, c. 60,
s. 15; 1972, c. 44. s. 9.
15. — (1) Upon the hearing, the judge may require the"«*'^°«
applicant, any person whose name may be changed as a
result of the application, or any other person appearing upon
the hearing to give evidence under oath, and may examine or
cross-examine any such person or f)ermit any such person
to be examined or cross-examined.
(2) Any person who objects to a change of name and o*'J«ction8
any person who desires to furnish the court with any
information regarding the application or any circumstances
connected therewith may apf)ear upon the hearing of the
application and shall be heard. R.S.O. 1970, c. 60, s. 16.
Itt. — (1) Where the judge is of opinion that the name that Refusal of
^. ,. 1 r • 1 , , application
the apphcant seeks to adopt is the same as the name of
another person or resembles the name of another person to
such an extent that the change applied for might reasonably
cause mistake or confusion or be a cause of embarrassment or
inconvenience to such person, or that the change of name is
sought for any improper purpose, or is on any other ground
objectionable, or that the application should be refused for
any other reason, he shall refuse the application.
(2) Where the judge, upon consideration of the application. ^^°^q°^
the material filed and any other evidence adduced, is of
opinion that the application should be granted, he may
make an order effecting the change of name.
(3) An order made under this section may provide for such^P^°'
changes of names as the court considers prop>er having regard
to the nature of the application, the relationship and status
of other persons mentioned in the application and all other
relevant circumstances, and every such order has effect
according to the tenor thereof. R.S.O. 1970, c. 60. s. 17.
17. — (1) The clerk of the court shall enter the order and certified
transmit a certified copy of the order, together with a dupli-Re?i^»^™r
cate original of the application and of the verifying affidavit
and any certificate of registration of birth or marriage or
the particulars contained therein, to the Registrar General.
(2) Where the Registrar General receives a certificate of^^^g^^s
birth or marriage under subsection (1), the Registrar General
shall,
(a) where the certificate was issued in respect of a birth
or marriage that was registered in Ontario, reissue
628
Chap. 62
CHANGE OF NAME
Sec. 17 (2) (a)
R.S.O. 1980,
c. 524
the certificate in accordance with section 26 of the
Vital Statistics Act, without payment of any fee
therefor, and send the reissued certificate to the
applicant ;
(b) where the certificate was issued in respect of a birth
or marriage that was registered outside Ontario,
return the certificate to the applicant. R.S.O. 1970,
c. 60, s. 18.
Notice of
Judgrment,
etc., sent
to sheriff
or clerk
18. — (1) The clerk of the court shall send to the appro-
priate sheriff or court clerk full particulars of the order made
and of any judgment, pending action, chattel mortgage, lien
or other registered encumbrance shown upon the application.
Idem
(2) Such sheriff or court clerk shall enter and reindex
such judgment, pending action, chattel mortgage, lien or other
registered encumbrance under the name as changed. R.S.O.
1970, c. 60, s. 19.
Certificates
issued to
applicants
19. Any person may, upon payment of the prescribed fee,
obtain from the clerk of the court in which the order was
made a certificate of any order effecting a change of name,
and the certificate is for all purposes conclusive evidence of
its contents. R.S.O. 1970. c. 60. s. 20.
Substitution
of new
name in
documents
20. Subject to the Vital Statistics Act, without restricting
the effect that a change of name may have at law, any
person whose name has been changed under this Act, upon
production of a certificate obtained under section 19 and upon
satisfactory proof of identity, is entitled to have a memoran-
dum of the change of name endorsed on any record, certifi-
cate, instrument, document, contract or writing, whether
public or private, upon payment of such fee as is pre-
scribed therefor by or under any statute. R.S.O. 1970,
c. 60,s. 21.
Application
for annul-
ment
21. — (1) Any person who has reason to believe that an
order effecting a change of name has been obtained by fraud
or misrepresentation or for an improper purpose may apply
to a judge of the county or district court in which the order
was made for an annulment of the order.
Affidavit
giving
reasons
(2) Every application for an annulment shall be accom-
panied by an affidavit of the person making the application
in which his reasons for believing that the order was obtained
by fraud or misrepresentation or for any improper purpose
shall be set forth.
Hearing of
application
(3) The judge may refuse the application without hearing
further representations or evidence or may direct that the
Sec. 23 {b) CHANGE OF NAME Chap. 62 629
person applying for the annulment and any other persons
shall be heard at such time and place as he determines and
that notice of the hearing shall be given to such persons
and in such manner as he may direct.
(4) If the judge is satisfied that the order was obtained by Annulment
fraud or misrepresentation or for an improper purpose, he
may order the annulment of the order in whole or in part.
(5) The clerk of the court shall endorse a memorandum ofcierkto
not6
the annulling order upon the entry of the order annulled inannuiment
whole or in part and shall send a certified copy of the
annulhng order to the Registrar General, and, where appro-
priate by reason of section 18, to the proper sheriff or court clerk
who shall amend his records to accord with the order.
(6) Where a change of name has been annulled, the Registrar where
_., , . , .... change
General may by order require any person to whom a certificate has of name
been issued under section 19 to forthwith deliver up the certificate,
and any person who refuses or neglects to comply with such order
is guilty of an offence and on conviction is liable to a fine of not
more than $100. R.S.O. 1970, c. 60, s. 22.
22. — (1) Any person who by fraud or misrepresentation ^™^£j°^
obtains a change of name under this Act is guilty of an offence and sentation
on conviction is liable to a fine of not more than $500 or to
imprisonment for a term of not more than six months.
(2) Any person whose application for a change of name isUwof^
refused under subsection 16(1) and who uses the name he sought name
to adopt in such application is guilty of an offence and on
conviction is liable to a fine of not more than $500 or to
imprisonment for a term of not more than six months.
(3) Any person who, after having been convicted of an secondhand
offence against this Act, again offends against this Act is liable offences
to a fine of not more than double the maximum fine pro-
vided for the offence. R.S.O. 1970, c. 60, s. 23.
23. The Lieutenant Governor in Council may make regula- Regulations
tions,
(a) prescribing forms of applications, affidavits and
certificates ;
(6) prescribing the fees payable upon any application
and upon any certificate, search or other matter
required or permitted to be given or done under this
Act and to whom such fees are payable ;
630 Chap. 62 CHANGE OF NAME Sec. 23 (c)
{c) providing for the return of any fee upon an apph-
cation or part of such fee where the apphcation is
refused ;
id) respecting any matter necessary or advisable to
carry out effectively the intent and purpose of this
Act. -R.S.O. 1970, c. 60, s. 24.
Sec. 2 (4) (c) CHARITABLE GIFTS Chap. 63 631
CHAPTER 63
Charitable Gifts Act
1. In this Act, "person" includes a corporation and the^^^*"®"
heirs, executors, administrators or other legal representatives
of a person to whom the context can apply according to law.
R.S.O. 1970,c.61,s. 1.
2. — (1) Notwithstanding the provisions of any general where
or special Act, letters patent, by-law, will, codicil, trust to be
deed, agreement or other instrument, wherever an interest ^^^
in a business that is carried on for gain or profit is given to or
vested in a person in any capacity for any religious, chari-
table, educational or public purpose, such person has power
to dispose of and shall dispose of such portion thereof that
represents more than a 10 per cent interest in such business.
(2) Subsection (1) does not apply to an interest in a business Exception
given to or vested in any organization of any religious
denomination.
(3) Where an interest to which subsection (1) applies is {"jJJlrggts
subject to a Hfe interest, life annuity or income for life, so etc.
much of the interest as is necessary to provide such life
interest, life annuity or income for life shall be deemed to
be given or vested when such life interest, life annuity or
income for life ceases to exist.
(4) For the purposes of this Act, a f)erson shall be deemed ^J^an^r*. of
to have an interest in a business,
{a) if he is a part owner of the business ;
{b) if he holds or controls, directly or indirectly
through a combination or series of two or more
persons, one or more shares in a corporation that
owns or controls or partly owns or controls the
business ; or
(c) if he holds or controls, directly or indirectly through
a combination or series of two or more persons,
one or more bonds, debentures, mortgages or other
securities upon any asset of the business.
632
Idem
Chap. 63
CHARITABLE GIFTS
Sec. 2 (S)
(5) For the purposes of this Act but subject to subsection
(3), an interest in a business shall be deemed to be given to or
vested in a person for a religious, charitable, educational or
public purpose so long as the interest or the proceeds thereof
or the income therefrom is to be used for any such purpose
at any time and notwithstanding that before any such use
is made thereof the interest or the proceeds thereof or the
income therefrom is to pass into or through the hands of one
or more persons or is subject to a Ufe or other intermediary
interest. R.S.O. 1970, c. 61, s. 2.
Where
interest
to be
disposed
of, wills
Idem,
trust deeds,
etc.
Extension
of time
3. — (1) Where an interest to which section 2 applies was
given or vested pursuant to a will or other testamentary in-
strument, section 2 shall be complied with within seven
years after the death of the testator.
(2) Where an interest to which section 2 applies was given
or vested pursuant to an instrument other than a will or
other testamentary instrument, section 2 shall be complied
with within seven years after the date of the instrument.
(3) A judge of the Supreme Court may from time to
time extend the period mentioned in subsection (1) or (2) for
such further period as he considers proper, if he is satisfied
that the extension will benefit the religious, educational,
charitable or public purpose concerned. R.S.O. 1970, c. 61,
s. 3.
tioifof"^'^* 4. — (1) Where and so long as an interest to which section
profits 2 applies represents more than a 50 per cent interest in the
business, the person to whom it is given or in. whom it is
vested and the person having control of the management of
the business or his nominee and the Public Trustee shall on
or before the 30th day of June in each year determine jointly
the amount of the profits earned by the business in its
fiscal year ending in the calendar year next preceding.
DistnbuMon (2) The business shall pay to the person to whom the
interest is given or in whom it is vested his share of the
then undistributed profits of the business in the amounts
and on the dates determined jointly by the persons men-
tioned in subsection (1).
Annual
return
(3) For the purposes of this section, the person to whom
the interest is given or in whom it is vested shall on or
before the 31st day of March in each such year deliver to
the Public Trustee a return with respect to its fiscal year
ending in the calendar year next preceding showing.
la) the assets and liabilities of the business ;
Sec. 7 (1) CHARITABLE GIFTS Chap. 63 633
(6) all accounts of profit and loss of the business ;
(c) the particulars of any fee paid to any director ; and
(d) where the amount of salary and other remunera-
tion paid to any person is $8,000 or more, the
particulars thereof,
and the return shall be verified by the certificate of an
officer or the auditor of the business that the statements
therein are true.
(4) For the purposes of this section, the Public Trustee ^*'"*°*"°°
^ ' . ^ » of accounts.
may require of any person such further or other information etc
and may make such examination of the accounts and records
of the business as he considers necessary.
(5) If the persons mentioned in subsection (1) fail to deter- D«termina-
. . , ...... . tlonby
mme jointly any matter mentioned in subsection (1) or (2), Supreme
the matter shall be determined by a judge of the Supreme
Court, and in determining the amount of the profits of the
business the judge may disallow in whole or in part any
deduction, expenditure, expense, reserve, allowance or other
sum that he considers to be unnecessary, excessive or im-
proper having regard to the nature of the business' and its
financial position. R.S.O. 1970, c. 61 , s. 4.
5. Where an interest in a business is being disposed of^i^^tso;
. . " '^ , acquisition
pursuant to section 2, any person acquiring any portion of
such interest for other than religious, charitable, educational
or public purposes may, subject to the approval of a judge of
the Supreme Court as to the consideration for and the terms
and conditions of the acquisition, so acquire such portion
notwithstanding that he is the person disposing of such in-
terest or is an officer, director, agent or employee of such
person. R.S.O. 1970, c. 61, s. 5.
6. The proceeds of any disposition pursuant to section 2 '"^'***'^
may be invested only in investments authorized by the ,^ ^^ ^ ,gjj„
Insurance Act for the investment of the funds of joint stock c iix
insurance companies, but no such investment shall be made
that results in the person making the investment holding
more than a 10 per cent interest in any one business.
R.S.O. 1970. c. 61, s. 6.
7. — (1) The Treasurer of Ontario may appoint any person inj^"«a-
to make an investigation for any purpose related to the
administration or enforcement of this Act respecting any
interest in any business that has been given to or vested
in any person for any religious, charitable, educational or
634
Chap. 63
CHARITABLE GIFTS
Sec. 7 (1)
Powers
R.S.O. 1980,
C. 411
public purpose or respecting any person to or in whom any
such interest has been given or vested.
(2) Every person appointed under subsection (1) to make an
investigation has the powers of a commission under Part II of the
Public Inquiries Act, which Part applies to the investigation as
if it were an inquiry under that Act. 1971, c. 50, s. 15.
Powers of
court
8. Upon the application of the Attorney General or any
person interested, a judge of the Supreme Court may make
such orders as he considers proper to carry out the intent
of this Act or to determine any matter arising under it.
R.S.O. 1970, c. 61, s. 8; 1972, c. 1, s. 9 (7).
Offences
9. Every person who contravenes any provision of this Act is
guilty of an offence and on conviction is liable to a fine of not less
than $100 and not more than $5,000 or to imprisonment for a
term of not more than one year, or to both. R.S.O. 1970, c. 61,
s. 9.
10. Nothing in this Act affects the operation of the
R.S.O. 1970, c. 61, s. 10.
R.S.O. 1980,
c. 65, not y^i • • J • A
aiiected LhaYities Accountmg Act
Sec. 1 (e) CHARITABLE INSTITUTIONS Chap. 64 635
CHAPTER 64
Charitable Institutions Act
1. In this Act, I^te^^re-
{a) "approved charitable institution" means a charitable
insitution approved under section 3 ;
(6) "approved corporation" means a corporation ap-
proved under section 2 ;
(c) "charitable institution" means all or any part of a
building or buildings maintained and operated by an
approved corporation for persons requiring resi-
dential, sheltered, specialized or group care, but
does not include,
(i) a children's institution under the Children's R s o. i980,
^ ' C. 67
Institutions Act,
(ii) a home or joint home under the Homes for ^he^^^ ^^^^
Aged and Rest Homes Act,
(iii) a home for retarded persons under the Homes ff^- ''*°'
for Retarded Persons Act,
(iv) an institution under the Mental Hospitals ff^ •^*°'
Act,
(v) a private hospital under the Private Hospitals R s^o '^^o-
Act,
(vi) a sanitarium under the Private Sanitaria Act, RS^^. i980,
(vii) a hospital under the Public Hospitals Act, RSO. i980,
(viii) a sanatorium under the Sanatoria for Con- f^-^- ^'^^
sumptives Act;
(d) "Director" means a Director appointed for the pur-
poses of this Act ;
{e) "hostel" means a charitable institution for the
temporary care of transient or homeless persons ;
636
Chap. 64
CHARITABLE INSTITUTIONS
Sec. 1 (/)
if) "Minister" means the Minister of Community and
Social Services ;
{g) "provincial supervisor" means a child welfare super-
visor, a welfare institutions supervisor or a Director
and includes any other employee of the Ministry of
Community and Social Services who is designated
by the Minister as a provincial supervisor for the
purposes of this Act ;
(A) "regulations" means the regulations made under
this Act. R.S.O. 1970, c. 62. s. 1 ; 1972. c. 1, s. 19 (3) ;
1973, c. 24, s. 1.
Approval of 2. Where the Minister is satisfied that any corporation
corporations .... ,, , ■•.,,
Without share capital having objects of a charitable nature
R.S^O. 1980, to which Part III of the Corporations Act applies or that is
incorporated under a general or special Act of the Parlia-
ment of Canada is, with financial assistance under this Act,
financially capable of establishing, maintaining and operating
a charitable institution and that its affairs are carried on
under competent management in good faith for charitable
purposes, he may approve such corporation for the purposes
of this Act. 1971,c. 50,s. 16(1); 1973, c. 24, s. 2.
Effective
date of
approval
bu5diS°^ 3.— (1) Subject to section 4, where the Minister is satis-
fied that all or any part of a building or buildings is suit-
able for providing accommodation as a charitable institu-
tion in accordance with this Act and the regulations, he may
approve all or any part of such building or buildings, as the case
may be, as a member of a class of charitable institutions
prescribed in the regulations for the maintenance and operation
of which assistance may be given under this Act.
(2) An approval given under subsection (1) or under sec-
tion 2 may take effect on any date fixed by the Minister
that is prior to the date on which the approval is given,
but in no case shall the date upon which the approval under
subsection (1) takes effect precede the date that the approval
given under section 2 to the corporation maintaining and
operating the institution takes effect. 1973, c. 24, s. 3.
and8urve°y '^' — ^^^ Before selecting or acquiring a site or erecting or
acquiring a building for use as a charitable institution, an
approved corporation establishing the charitable institution
shall,
(a) evaluate the site in accordance with the regulations
to determine whether it will best serve the programs
of the institution and the best interests of the pros-
pective residents of the institution ; and
Sec. S (3) (b) CHARITABLE INSTITUTIONS Chap. 64 637
(b) conduct a survey of the community and a review
of population requirements in accordance with the
regulations,
and submit a report thereof to the Minister. 1972. c. 61,
s. 3.
(2) Subsection (1) does not come into force until a day to be Commence-
named by proclamation of the Lieutenant Governor. 1972, subs, (d
c. 61, s. 10(3).
5. — (1) No approved corporation shall, Restrictions
approved
corporations
(a) change its name or the name of any charitable
institution maintained and operated by it without
the approval in writing of the Minister ;
(b) erect a new building to be used as a charitable institu-
tion until the site and plans thereof are approved in
writing by the Minister, or erect an addition to an
existing building used or to be used as a charitable
institution until the plans thereof are approved in
writing by the Minister;
(c) purchase or otherwise acquire any building or part
thereof to be used by it as a charitable institution
without the approval in writing of the Minister; or
id) change the site or use of, sell or otherwise dispose
of any part of, or structurally alter, any charitable
institution in respect of which the approved cor-
poration has received payment of a grant under
section 6, 7 or 8, or any predecessor thereof, with-
out the approval in writing of the Minister. R.S.O.
1970, c. 62, s. 4 (1); 1972, c. 61, s. 4 (2); 1973, c. 24,
s. 4.
(2) No by-law of an approved corporation with respect ^^^^°J^ °'
to a charitable institution has force or effect until it is
approved in writing by the Minister. R.S.O. 1970, c. 62,
s. 4 (2).
(3) On a day to be named by proclamation of the Lieutenant ci. U) ibu
Governor, clause (1) (b) is repealed and the following substituted '*^"'^
therefor:
(b) erect a new building or an addition to an existing build-
ing for use as a charitable institution until,
638 Chap. 64 charitable institutions Sec. 5 (3) (b) (i)
(i) the need for the building or the addition has been
established to the satisfaction of the Minister,
(ii) in the case of the erection of a new building, the
site, selected and evaluated in accordance with
the regulations, has been approved by the
Minister, and
(iii) the plans therefor, developed and prepared in
accordance with the regulations, have been
approved in writing by the Minister. 1972,
c. 61, ss. 4(1), 10(3).
Grants for g. Where the site and plans of a new building or the
construction it- • • , i t ,
of buildings plans 01 an addition to an existing building used or to be
used as a charitable institution have been approved by the
Minister under clause 5 (1) (b), the Minister may, out of the moneys
that are appropriated therefor by the Legislature, direct payment
to the approved corporation erecting the new building or the
addition,
{a) where all or any part of the new building or the
addition is to be used as a charitable institution
other than a hostel, of an amount equal to the
cost to the approved corporation of the new chari-
table institution, computed in accordance with the
regulations, but not exceeding an amount based upon
the bed capacity of the new charitable institution
at the rate of $5,000 per bed or such greater amount
per bed as is prescribed by the regulations; and
{b) where all or any part of the new building or the
addition is to be used as a hostel, of an amount
equal to 30 per cent of the cost to the approved
corporation of the new hostel, computed in ac-
cordance with the regulations, but not exceeding an
amount based upon the bed capacity of the new
hostel at the rate of $1,500 per bed, or such greater
amount per bed as is prescribed by the regulations,
but no payment shall be made under this clause
unless the council of the municipality in which the
new building or the addition is situated directs pay-
ment to the approved corporation erecting the new
hostel of an amount equal to at least 20 per cent of
the cost thereof to the approved corporation. R.S.O.
1970, c. 62, s. 5; 1972, c. 61, s. 5; 1973, c. 24, s. 5.
Grants for 7. Where,
acquisition '
of buildings
(a) the acquisition or structural alteration of a building
or any part thereof to be used as a charitable in-
Sec. 9 (1) CHARITABLE INSTITUTIONS Chap. 64 639
stitution other than a hostel has been approved by
the Minister under clause id) or (e), as the case may be,
of subsection 5 (1); or
(6) the Minister has approved the renovation of a
charitable institution other than a hostel or approved
the purchase of furnishings or equipment in con-
nection with an approved charitable institution other
than a hostel,
the Minister may, out of the moneys that are appropriated
therefor by the Legislature, direct payment to the approved
corporation acquiring or operating and maintaining the
institution, as the case may be, of an amount equal to the
cost to the approved corporation of the acquisition, alteration,
renovation or purchase of furnishings or equipment, as the
case may be, computed in accordance with the regulations,
but not exceeding an amount based upon the bed capacity
of the institution at the rate of $1,200 per bed or such
greater amount i)er bed as is prescribed by the regulations.
1973, c. 24, s. 6.
8. There shall be paid to an approved corporation out '^l^n^f"*"*^
of the moneys appropriated therefor by the Legislature an institutions
amount equal to 80 per cent or such higher percentage as hostels
the regulations prescribe of the cost, computed in accordance
with the regulations,
(a) of the care and maintenance of each person resident
in an approved charitable institution other than a
hostel that is maintained and operated by the
corporation ; or
(b) of residential services approved by the Director
provided by or on behalf of the corporation in other
than an approved charitable institution. 1973, c. 24,
s. 7.
9.— (1) Any person, ^°**^
services
(a) who has been admitted to an approved charitable
institution ; and
(b) who is eligible for extended care services under the
Health Insurance Act on the grounds of medical neces- R s^o I'so.
sity,
may receive extended care services available in the approved
charitable institution where the institution has been author-
ized by the Director in accordance with the regulations to
provide such services.
640
Chap. 64
CHARITABLE INSTITUTIONS
Sec. 9 (2)
AppiicaUonof (2) The provisions of the Health Insurance Act apply with
c. 197 ' necessary modifications to a determination under subsection (1) of
eligibility for extended care services on the grounds of medical
necessity and to appeals therefrom.
Entitlement
to services
(3) Notwithstanding subsections (1) and (2), an applicant
for extended care services who has been found eligible there-
for under this or any other Act does not thereby become
entitled as of right to such services in an approved charitable
institution. 1972, c. 61, s. 8.
Inspection 10. — (1) Every charitable institution, its books and records
charitable shall be Open at all reasonable times for inspection by a provincial
Institutions . c j f
supervisor.
Idem
(2) Every premises, that is not a charitable institution,
where residential services are provided or where residential
services are to be provided for persons placed therein by an
approved corporation, shall be open at all reasonable times
for inspection by a provincial supervisor. 1973, c. 24, s. 8.
Inspection (3) A provincial supervisor may inspect the books of
approved account and other records of an approved corporation that
corporations ^^^^^^^ ^^ charitable institutions. R.S.O. 1970, c. 62, s. 8 (2).
1 1 . — (1) Subject to this section, any approval given under this
Suspension
andrevoca- - - > ^ ,. i ^
tion of Act may be suspended or revoked by the Minister if,
approvals j t- j »
{a) any director, officer or servant of the approved cor-
poration has contravened or knowingly permitted
any person under his control and direction to con-
travene any provision of this Act or the regula-
tions and such contravention occurred through lack
of competence or with intent to evade the require-
ments of such provision ; or
{h) the approval would be refused if application were
being made for it in the first instance. 1971, c. 50,
s. 16(3),/)ar^; 1973, c. 24, s. 9 (1).
Hearing (£) Subject to subsection (6) and except where an approval
is suspended or revoked with the consent of the approved
corporation, before suspending, or revoking, an approval given
under this Act, the Minister shall cause a hearing as to
whether the approval should be suspended or revoked to be
held by a person, other than a person in the employment of the
Ministry of Community and Social Services, appointed by the
Minister. 1971, c. 50, s. 16 (3), part; 1973, c. 24, s. 9 (2).
Sec. 12 id) CHARITABLE INSTITUTIONS Chap. 64 641
(3) Sections 4 to 16 and 21 to 24 of the Statutory Powers ^ppMcation of
Procedure Act apply with respect to a hearing under this section, f 4^ *'*°'
(4) The person conducting a hearing under this section Report to
shall, at the conclusion of the hearing, make a report to the***"*"*""
Minister setting out his findings of fact and any information
or knowledge used by him in making his recommendations, any
conclusions of law he has arrived at relevant to his recommenda-
tions, and his recommendations as to the suspension or revoca-
tion of the approval, and shall send a copy of his report to the
persons affected. 1971, c. 50, s. 16 (3), part.
(5) After considering a report made to him under this ^^1*°^°°^
section, the Minister may thereupon suspend or revoke the
approval to which the report relates and shall give notice
of his decision to the persons affected, specifying the reasons
therefor. 1971, c. 50, s. 16 (3), part; 1973, c. 24. s. 9 (3).
(6) Notwithstanding anything in this section, the Minister, ^^sion
by notice to the persons affected and without a hearing, may°f*PP'^^*^
provisionally susjjend an approval given under this Act where
the continuation of operations in accordance with the appproval
is, in the Minister's opinion, an immediate threat to the
public interest and the Minister so states in such notice giving
his reasons therefor, and thereafter the Minister shall cause a
hearing to be held and the provisions of subsections (2) to (5)
apply. 1971, c. SO, s. 16 (3), part.
12. The Lieutenant Governor in Council may make regula- ^^®^^*"°'^^
tions,
(a) exempting designated approved corporations or
charitable institutions from specified provisions of the
Act or the regulations;
(b) prescribing classes of approved charitable institu-
tions, governing the admission of persons to and their
discharge from approved charitable institutions, pre-
scribing the conditions of eligibility and procedures
for such admission and discharge, and specifying
classes of persons that may be cared for in approved
charitable institutions or any class thereof ;
(c) providing for the making of investigations of the
financial circumstances of residents in or applicants
for admission to approved charitable institutions or
any class thereof for the purpose of determining
eligibility or continuing eligibility for admission to
the institutions ;
id) prescribing procedures for selecting and evaluating
the site for a charitable institution to be erected or
642 Chap. 64 charitable institutions Sec. 12 (d)
acquired by an approved corporation and for
conducting a survey of the community and a review
of population requirements and the contents of the
report to be submitted to the Minister under section 4;
{e) prescribing procedures for the development and
preparation of plans for sites and buildings and the
information to be contained in such plans ;
(/) prescribing the location, site, size, design and
construction of buildings used or to be acquired,
erected or altered for use as approved charitable
institutions or any class thereof and the faciUties
and equipment to be provided therein ;
(g) prescribing rules governing the establishment, main-
tenance and operation of charitable institutions
and the conduct of the persons cared for therein and
the staffs thereof ;
(h) prescribing staff requirements and governing the
appointment, qualifications and the powers and duties
of administrators and members of the staffs of
approved charitable institutions or any class thereof
and requiring in-service training programs to be
provided for members of staffs of any such institutions
or class thereof ;
(i) requiring the bonding of administrators and other
employees or classes of employees of approved
charitable institutions or any class thereof in such
form and terms and with such collateral security as
are prescribed and providing for the forfeiture of the
bonds and the disposition of the proceeds thereof;
ij) prescribing and governing the social services, medical,
paramedical and nursing care and other services,
and the items, amenities and recreational opportuni-
ties that shall be provided for residents in approved
charitable institutions or classes of approved chari-
table institutions, prescribing classes or levels of such
care, services, items, amenities and recreational
opportunities in accordance with the needs of the
residents and providing for the assessment and classi-
fication of the residents for the purpose of deter-
mining the class or level of care, services and items
required by them ;
(k) prescribing the percentage of bed capacity to be
maintained and used in approved charitable institu-
Sec. 12 (r) charitable institutions Chap. 64 643
tions for any prescribed class or level of care and
services to be provided in the charitable institution
or class thereof, as the case may be ;
(/) prescribing the maximum amounts that may be
charged residents in approved charitable institutions
for any prescribed class or level of care, services,
items and amenities provided in the charitable
institutions ;
(m) providing for the terms and conditions of trust upon
which an approved corporation may receive and
hold property of a resident in an approved charitable
institution maintained and operated by the corpora-
tion;
(n) governing applications by approved corporations
for payments under this Act and prescribing the
method, time and manner of payment ;
(o) prescribing the manner of computing the cost to
approved corporations, and prescribing classes of
payments and a greater amount per bed in deter-
mining the amount of a payment or any class or
classes of pa>Tnent for the purposes of sections 6 and
7;
(p) for the purposes of section 8, prescribing the manner
of computing the cost of care and maintenance in a
charitable institution other than a hostel, and the cost
of residential services provided in other than an
approved charitable institution, prescribing classes
of payments and a higher jjercentage in respect of
the cost for the purpose of determining the amount of
a payment or a class or classes of payment, and
prescribing the maximum amounts of the cost to
which Ontario may contribute ;
iq) defining "extended care services" and "nursing care",
and prescribing facilities, items and services to be
included in either of such definitions and prescribing
standards of eligibility in addition to those mentioned
in this Act for extended care services of residents in
approved charitable institutions or any class thereof
and the manner of determining such eligibihty;
(r) prescribing the manner of applying for extended
care services and providing for the termination,
reinstatement or extension of such services for
residents in approved charitable institutions or any
class thereof ;
644 Chap. 64 charitable institutions Sec. 12 (s)
is) providing for the authorization by the Director of
approved charitable institutions or any class thereof
to provide extended care services and prescribing
the circumstances and conditions under which such
authorizations may be given, including the facilities,
equipment, services and programs to be provided
in such charitable institutions ;
(t) prescribing rules for determining the amounts to be
contributed by any resident or any class of resident
in an approved charitable institution towards the
cost of his care and maintenance therein ;
(m) for the purposes of section 8, prescribing the terms
and conditions upon which the Director may approve
the provision of residential services by or on behalf
of an approved corporation in other than an approved
charitable institution, the classes or levels of such
services, the services, items and amenities to be pro-
vided in connection therewith, and the maximum
amounts that may be charged persons in receipt of
the residential services ;
(v) prescribing the records and accounts to be kept by
approved corporations and charitable institutions,
the claims and returns to be made to the Minister
by approved corporations with respect to charitable
institutions and the method, time and manner in
which such claims and returns shall be made and
providing penalties for late claims or returns ;
(w) providing for the recovery by an approved cor-
poration or the Province of Ontario from a person
or his estate of any amount paid by the Cor-
poration or by the Province of Ontario to the cor-
poration for the cost of the care and maintenance of
the person in a charitable institution and pre-
scribing the circumstances and the manner in which
any such recovery may be made ;
ix) prescribing additional powers and duties of pro-
vincial supervisors;
(y) prescribing forms and providing for their use. R.S.O.
1970, c. 62, s. 10; 1971, c. 50, s. 16 (4); 1972.
c.61.s.9;1973,c. 24,s. 10.
Sec. 2 (1) CHARITIES ACCOUNTING Chap. 65 645
CHAPTER 65
Charities Accounting Act
1. — (1) Where under the terms of a will or an instrument Notice of
in writing real or personal property or any right or interest therein donation to
or proceeds therefrom are given to or vested in a person as^ubli^"'"
executor or trustee for a religious, educational, charitable or pub- Trustee
lie purpose, or are to be applied by him to or for any such purpose,
such person shall give written notice thereof, personally or by
registered letter, to the Public Trustee and to the person, if any,
designated in the will or instrument as the beneficiary under the
bequest or gift or as the person to receive the bequest or gift from
the executor or trustee. R.S.O. 1970, c. 63, s. 1 (1), revised.
(2) Any corporation incorporated for a religious, educa- '^^*^*^*^J®
tional, charitable or public purpose shall be deemed to be a etc.^ brought'
trustee within the meaning of this Act, its instrument of^
incorporation shall be deemed to be an instrument in
writing within the meaning of this Act, and any real or
personal property acquired by it shall be deemed to be
property within the meaning of this Act.
■ within Act
(3) The notice shall be given, in the case of an instru-Time for
ment other than a will, within one month after it has been notice
executed, and, in the case of a will, within the same period
after the death of the testator.
(4) No notice under this section is necessary where the ^^^^^1 ^^^^
trust was completely executed before the 31st day of March, necessary
1914, but the remaining sections of this Act nevertheless apply
to every such trust.
(5) The notice shall state the nature of the property cont^ents of
coming into the possession or under the control of the
executor or trustee and the notice to the PubHc Trustee
shall be accompanied by an attested or notarial copy of the
will or other instrument. R.S.O. 1970, c. 63, s. 1 (2-5).
2.— (1) Every such executor or trustee shall, from time tog«^«c^^o^'"^o'"
time upon request, furnish to the Public Trustee particulars furnish
. F , ^ information
m wntmg of, to Puwic
Trustee
646
Chap. 65
CHARITIES ACCOUNTING
Sec. 2 (1) (a)
{a) the condition, disposition or such other particulars
as are required of the property devised, bequeathed
or given or which has come into the hands of the
executor or trustee ;
(6) the names and addresses of the executors or
trustees ; and
(c) the administration or management of the estate or
trust.
Corporation
to furnish
information
to Public
Trustee
(2) Where such executor or trustee, either directly or
indirectly through any person on his behalf or through any
corporation or through a series or combination of such
persons, corporations or persons and corporations, controls a
corporation or the election of the directors thereof through
the holding of a majority of the shares thereof or a
sufficient number of shares or any class of shares thereof to
enable him to exercise such control in fact, or in any other
manner whatsoever, the corporation, the officers and manager
of such corporation or any of them shall from time to
time furnish to the Public Trustee in writing such infor-
mation concerning the corporation, its operation, assets,
profits or losses, and finances as the Public Trustee requests.
Application
to Supreme
Court where
corporation
involved
(3) A judge of the Supreme Court, upon the application of the
Public Trustee and upon notice to the corporation concerned and
to such other person or persons as a judge of the Supreme Court
directs, shall inquire into and determine any question relating to
the failure to furnish information to the Public Trustee pursuant to
subsection (2), and shall inquire into and determine the control of
the election of directors or the ownership, control or management
of, or any matter affecting, any corporation mentioned in subsec-
tion (2), or its operation, assets, profits or losses, and finances and
may make such order as is considered necessary or proper to,
(a) compel the giving of information to the Public
Trustee ;
(b) determine who controls the corporation ;
(c) determine who controls the election of the directors of
the corporation ;
{d) protect or preserve the assets or financial stability
of the corporation and the assets held by such
executor or trustee relating to the corporation; and
Sec. 4(/i) CHARITIES ACCOUNTING Chap. 65 647
(e) ensure the proper operation and management of the
corporation and its assets. R.S.O. 1970, c. 63,
s. 2.
3. Whenever required so to do bv the Public Trustee Auditing
' Accounts &B
an executor or trustee shall submit the accounts of his to charitable
dealings with the property coming into his hands or under his^^i**"'^
control under the terms of the bequest or gift, to be passed
and examined and audited by the judge of the surrogate
court of the county or district in which he resides or in
which probate was granted. R.S.O. 1970, c. 63, s. 3.
4. If any such executor or trustee. Application
to Supreme
Court where
(a) refuses or neglects to comply with any of thCorStee
provisions of section 1, 2 or 3, or with any of the *° '*®'*°^'^
regulations made under this Act ;
{b) is found to have misapplied or misappropriated any
property or fund coming into his hands ;
(c) has made any improper or unauthorized investment
of any moneys forming part of the proceeds of any such
property or fund ; or
(d) is not applying any property, fund or moneys in
the manner directed by the will or instrument,
a judge of the Supreme Court upon the application of the Public
Trustee made by way of originating notice according to the prac-
tice of the court, may make an order,
(e) directing the executor or trustee to do forthwith or
within the time stated in the order anything that he has
refused or neglected to do in compliance with section 1 , 2
or 3, or with the regulations made under this Act;
(/) requiring the executor or trustee to pay into court
any funds in his hands and to assign and transfer to
the Accountant of the Supreme Court, or to a new
trustee appointed under clause ig), any property or
securities in his hands or under his control;
ig) removing such executor or trustee and appointing
some other person to act in his stead ;
(A) directing the issue of an attachment against the
executor or trustee to the amount of any property
or funds as to which he is in default ;
648
Chap. 65
CHARITIES ACCOUNTING
Sec. 4 (i)
(i) fixing the costs of the application and directing how
and by whom they shall be payable ;
{j) giving such directions as to the future invest-
ment, disposition and application of any such prop-
erty, funds or moneys as he considers just and best
calculated to carry out the intentions of the testator or
donor;
(k) imposing a penalty by way of fine or imprisonment
not exceeding twelve months upon the executor
or trustee for any such default or misconduct or for
disobedience to any order made under this section ;
(/) appointing an executor or trustee in place of an
executor or trustee who has died, or has ceased to act,
or has been removed, or has gone out of Ontario,
notwithstanding that the will or other instrument
creating the trust confers the power to make such an
appointment upon another executor or trustee or
upon any other person. R.S.O. 1970, c. 63, s. 4.
Regulations 5^ — ^j) fhe Lieutenant Governor in Council may make
regulations,
{a) prescribing forms of notices and returns to be
made under this Act ;
(6) respecting the practice and procedure upon passing
the accounts of an executor or trustee under this
Act and the tariff of fees and costs to be applic-
able thereto ;
(c) requiring returns to be made by any such executor
or trustee to any ministry of the Government and the
form of such returns;
{d) regulating the practice and procedure upon appli-
cations under section 4. R.S.O. 1970, c. 63, s. 5 (1) ;
1971, c. SO, s. 17 (1); 1972, c. 1, s. 2.
Practice
(2) Except as otherwise provided by the regulations, the
practice and procedure of the Supreme Court and of the
surrogate courts, respectively, apply to proceedings under
this Act.
When
surrogate
registrar
to transmit
copy of
will to
Public
Trustee
(3) Where an application is made for letters probate of a
will or other testamentary instrument whereby real or per-
sonal property or any right or interest therein or proceeds
therefrom are given to or vested in a person as executor or
Sec. 6 (6) CHARITIES ACCOUNTING Chap. 65 649
administrator for a religious, educational, charitable or public
purpose or are to be applied by him to or for any such
purpose, the surrogate registrar shall transmit a copy of the
will or other instrument to the Public Trustee.
(4) Where an action or other proceeding is brought to set Notice of
• J . 1 -11 .1 ■ action to
aside^vary or construe any such will or other mstrument, set aside
written notice thereof shall be served upon the Public SiiedS^
Trustee, and if no one appears as representing the religious, P'^*'"^'^'""^'^®®
educational, charitable or public institution, or if there is
no named beneficiary, or a discretion is given to the execu-
tor or trustee as to a choice of beneficiaries, the Public
Trustee may intervene in the action or other proceeding and
has the right to object or consent and to be heard upon any
argument as a party to the action or other proceeding.
R.S.O. 1970, c. 63, s. 5 (2-4).
6. — (1) Any person may complain as to the manner inCpiiccUon
which a person or organization has solicited or procured funds from the
by way of contribution or gift from the public for any ^"^['^^^'j
purpose, or as to the manner in which any such funds have complaint
been dealt with or disposed of.
(2) Every such complaint shall be in writing and delivered go^™i°i .
by the complainant to a judge of any county or district court.
(3) Wherever the judge is of opinion that the public J^'^gYtPa-
interest can be served by an investigation of the matter tion
complained of, he may make an order directing the Public
Trustee to make such investigation as the Public Trustee
considers proper in the circumstances. R.S.O. 1970, c. 63,
s. 6 (1-3).
(4) In making an investigation directed under subsection (3), Powers of
Public
the Public Trustee has and may exercise any of the powers confer- Trustee
red on him by this Act and any of the powers of a commission
under Part II of the Public Inquiries Act, which Part applies to R s o i98o,
the investigation as if it were an inquiry under that Act. 1971,
c. 50, s. 17 (2).
(5) The cost of any such investigation, when approved by the [jj^vestiga-
Attorney General , forms part of the expenses of the administration tion
of justice in Ontario. R.S.O. 1970, c. 63, s. 6 (5); 1972, c. 1, s. 9
(7).
(6) As soon as the Public Trustee has completed his investi- J^e^^tof
gation, he shall report in writing thereon to the Attorney General tion
and to the county court judge who ordered the investiga-
tion. R.S.O. 1970, c. 63, s. 6 (6); 1972, c. 1, s. 9 (7).
650
Chap. 65
CHARITIES ACCOUNTING
Sec. 6 (7)
Order
for audit
(7) Upon receipt of the report, the county court judge
may order a passing of the accounts in question, in which
R s o 1980. case section 23 of the Trustee Act applies, and the judge
may make such order as to the costs of the Public Trustee
thereon as he considers proper.
Where (g) Nothing in this section applies to any religious or
to apply fraternal organization or to any person who solicited or
procured any funds of any religious or fraternal organiza-
tion. R.S.a 1970, c. 63, s. 6 (7, 8).
Application 7 , This Act applies notwithstanding any provision in any
will or other instrument excluding its application or giving to
an executor or trustee any discretion as to the application
of property, funds or the proceeds thereof to religious, edu-
cational, charitable or public purposes. R.S.O. 1970, c. 63,
s. 7.
other rights g fhig Act does not apply to or affect or in any way inter-
and remedies r r j j j
not affected fere with any right or remedy that any person may have under
any other Act or in equity or at common law or otherwise.
R.S.O. 1970, c. 63, s. 8.
Sec. 1 (c) CHILD WELFARE Chap. 66 651
CHAPTER 66
_,,.,_ Child Welfare Act
INTERPRETATION
1.— (1) In this Act, J°.^„'?"-
tation
(a) "approved estimate" means an estimate of net
expenditures of a society finally approved under
sections 8 to 12;
(6) "best interests of the child" means the best interests
of the child in the circumstances having regard, in
addition to all other relevant considerations, to
(i) the mental, emotional and physical needs of
the child and the appropriate care or treat-
ment, or both, to meet such needs,
(ii) the child's opportunity to enjoy a parent-
child relationship and to be a wanted and
needed member within a family structure,
(iii) the child's mental, emotional and physical
stages of development,
(iv) the effect upon the child of any disruption
of the child's sense of continuity,
(v) the merits of any plan proposed by the
agency that would be caring for the child,
compared with the merits of the child return-
ing to or remaining with his or her parent,
(vi) the views and preferences of the child, where
such views and preferences can reasonably
be ascertained,
(vii) the effect upon the child of any delay in the
final disposition in the proceedings,
(viii) any risk to the child of returning the child
to or allowing the child to remain in the care
of his or her parent ;
(c) "court", unless otherwise indicated, means a pro-
vincial court (family division) or the Unified Family
Court;
652 Chap. 66 CHILD WELFARE Scc. 1 {d)
{d) "Director" means an employee of the Ministry
appointed by the Minister as a director for all or
any of the purposes of this Act;
(e) "judge", unless otherwise indicated, means a pro-
vincial judge presiding in a provincial court (family
division) or a judge presiding in the Unified Family
Court;
(/) "local director" means the local director of a
society appointed under this Act;
(g) "Minister" means the Minister of Community and
Social Services;
(A) "Ministry" means the Ministry of Community and
Social Services;
{i) "municipality" means the corporation of a county,
city, or separated town or a district, metropolitan or
regional municipality, but does not include a city or
separated town in a district, metropolitan or regional
municipality, and in a territorial district means
the corporation of a city, town, village or improve-
ment district;
(;■) "prescribed" means prescribed by the regulations;
{k) "regulations" means the regulations made under
this Act;
(/) "society" means a children's aid society approved
by the Lieutenant Governor in Council under this
Act. 1978, c. 85, s. 1; 1979, c. 98, s. 1 (1).
Determination (2) In determining the best interests of the child for the
interests of purpose of this Act, the court or a person, as the case may be,
^^^^^ shall have regard to those considerations in subclauses (1) (6) (i)
to (viii) that are, in the opinion of the court, or the person,
relevant to the circumstances of the case. 1979, c. 98, s. 1 (2).
PART I
OFFICERS, SOCIETIES
o/SSector°* 2. — (1) The Minister may appoint one or more persons to
act as a Director.
Duties of (2) A Director
Director V^^ ^ unc^iui,
(a) shall advise and supervise societies;
(b) shall inspect or direct and supervise the inspection
of the operation and records of societies;
Sec. 4 (1) CHILD WELFARE Chap. 66 653
(c) shall exercise the powers and duties of a society in
any area in which no society is functioning ;
(d) shall inspect or direct and supervise the inspection
of any place in which a child in the care of a society
is placed;
{e) shall prepare and submit an annual report to the
Minister;
(/) shall keep books of account of all moneys received
and disbursed by the Director;
ig) may designate in writing a place or class of places
as a place of safety for the purposes of this Act ;
(h) shall ensure that societies are providing the standard
of services and following the procedures and practices
prescribed under subsection 6 (3);
(t) shall perform such other duties as are prescribed by
this Act or the regulations or by the Lieutenant
Governor in Council.
(3) Where a Director is absent or there is a vacancy in^^^^^f^j.
the office of a Director, the powers and duties of the Director
shall be exercised and performed by such employee of the
Ministry as the Minister designates. 1978, c. 85, s. 2.
3. — (1) The Minister may by order appoint a judge of^°^®^^*-
the county or district court to make an investigation into
any matter,
(a) relating to any person in the care of a society; or
{b) for the due administration of this Act,
and the person appointed shall report the result of the
investigation to the Minister.
(2) For the purposes of an investigation under sub- Po)^^^y"
section (1), the judge has the powers of a commission under Part uon
II of the Public Inquiries Act, which Part applies to the investi- R so. i98o.
gation as if it were an inquiry under that Act. 1978, c. 85 , s. 3.
4.— (1) Every society shall appoint a local director who app^J^^-
shall be responsible to the board of directors of the society ^°^^^„
for the administration and enforcement of this Act and the
654
Chap. 66
CHILD WELFARE
Sec. 4 (1)
Powers
of local
directors,
etc.
R.S.O.
c. 129
1980,
R.S.O. 1980,
c. 406
Police
assistance
regulations in the area in which the society has jurisdiction,
who shall co-operate with a Director to this end and who
shall carry out such other duties as are required by the
constitution, by-laws and directions of the society.
(2) Every local director and every person designated by
the board of directors of a society has for the purposes of
this Act the powers of a school attendance counsellor under
the Education Act and a police officer, and any one of them
shall be deemed to be an officer within the meaning of section 10
of the Public Authorities Protection Act, and that section and the
other provisions of that Act apply to them in the same manner
and to the same extent as they do to the officers mentioned in that
section. 1978, c. 85, s. 4.
5. A Director or a local director or any person acting
under the authority of either of them may call for aid, in the
performance of the duties of the Director, local director or
the person, as the case may be, a member of the police
force responsible for policing the area in which the aid is
required. 1978, c. 85, s. 5.
me^nt'of'* 6. — (1) Every society shall be incorporated under the
societies Corporations Act or a predecessor thereof as a corporation
R.sx>. 1980, without share capital and shall be approved by the Lieuten-
ant Governor in Council.
Purposes
(2) Every society shall be operated for the purposes of,
(a) investigating allegations or evidence that children
may be in need of protection ;
(6) protecting children where necessary;
(c) providing guidance, counselling and other services
to famihes for protecting children or for the
prevention of circumstances requiring the pro-
tection of children;
(d) providing care for children assigned or committed
to its care under this or any other Act;
{e) supervising children assigned to its supervision
under this or any other Act;
(/) placing children for adoption;
ig) assisting the parents of children born or likely to
be born outside of marriage and their children
born outside of marriage; and
(A) any other duties given to it by this or any other
Act.
Sec. 7 (4) (ft) CHILD WELFARE Chap. 66 655
(3) Every society shall, Ir^mSs
(a) provide the standard of services relating to the
purposes set out in subsection 6 (2); and
(b) follow the procedures and practices,
that shall be prescribed by the Minister.
(4) The by-laws of every society shall contain such By-iaws
provisions as the regulations prescribe, and a certified copy
of the by-laws and any amendments thereto shall be filed
with a Director forthwith after they are made, and no
such by-laws or amendments shall come into operation until
they have been approved by the Minister. 1978, c. 85, s. 6.
7. — (1) A society shall be governed by a board of directors £°eSore
composed of such municipal representatives as are deter-
mined under subsections (2) to (6) and the president, one or
more vice-presidents, the secretary, the treasurer and such
other officers and members as are determined, elected in
such manner and for such period as the by-laws of the
society provide.
(2) Where a society has jurisdiction in but not outside a J^^i^^^
city, separated town or a district, regional or metropolitan sentatives
municipaUty, the municipal representatives shall be not
fewer than four appointed from among themselves by the
council of the city, separated town or the district, regional
or metropolitan municipality.
(3) Where a society has jurisdiction in a county but not wem
in a city or separated town, the municipal representatives
shall be not fewer than four appointed from among them-
selves by the council of the county.
(4) Where a society has jurisdiction in an area that ^^^^
includes a county or part of a county outside a city,
separated town or a district, regional or metroj)olitan
municipality,
(a) one municipal representative shall be appointed
from among themselves by the council of each
county, city, separated town and the district,
regional or metropolitan municipality in the juris-
diction; and
{b) the council of the county, city, separated town or
the district, regional or metropolitan municipality
having the largest population as determined by the
last revised assessment rolls shall appoint from
among themselves such other municipal representa-
656
Chap. 66
CHILD WELFARE
Sec. 7 (4) ib)
tives as are required, so that the total number of
municipal representatives on the board of directors
is not fewer than four.
Idem
(5) In subsections (2) to (4), a reference to a city or separated
town does not include a city or separated town in a district,
regional or metropolitan municipality.
Idem
(6) Where a society has jurisdiction in an area that
includes a district or part of a district outside a city or a
district, regional or metropolitan municipality, the munici-
pal representatives shall be appointed in the manner deter-
mined under subsection (4), except that the district welfare
administration board or the District Child Welfare Budget
Board referred to in section 10, as the case may be, shall
appoint the representatives required by subsection (4) to be
appointed by the council of a county.
Executive
committee
(7) The board of directors of a society shall pass a by-law
providing for the election from among their number of an
executive committee of nine members, consisting of the
president, the treasurer, four municipal representatives and
three other directors, and delegating to the executive com-
mittee any powers of the board of directors, subject to the
restrictions, if any, contained in the by-law or imposed
from time to time by the board.
Quorum
(8) A majority of the members of an executive committee
constitutes a quorum. 1978, c. 85, s. 7.
Estimate
of expendi-
tures
8. — (1) Every society shall before a date to be fixed each
year by a Director, which date shall be no later than the
last day of February in the year next following, prepare
and file with the Director and, subject to subsection (2) and
section 10, with each municipality in the area in which the
society has jurisdiction, an estimate of its net expenditures,
determined in accordance with the regulations, for operations
for the year next following.
Minister
may
determine
estimate
(2) Where a society has not filed an estimate in accord-
ance with subsection (1) before the date prescribed therefor
by the Director under that subsection, the Minister may at
any time thereafter determine the amount of the estimate
and cause the estimate to be filed with the society and,
subject to subsection 10 (3), with each municipality in the area
in which the society has jurisdiction.
Sec. 9 (2) CHILD WELFARE Chap. 66 657
(3) An estimate filed under subsection (2) shall, subject toj^^timate
subsections 11 (1) and (2), be deemed to be approved by the to be
Minister under subsection 9 (1), sixty days after it is filed. approve
(4) The council of every municipality with whom an estimate Approval of
is filed in accordance with subsection (1) shall, subject to section councilor
10 and subsection 11(1), grant its approval to the estimate within '"'^° ^ p* 'y
sixty days from the date fixed by the Director.
(5) A municipality that has not, within the period of time fixed Estimate
, , • /.; deemed
under subsection (4), to be
approved
(a) granted its approval to the estimate pursuant to
subsection (4); or
(b) referred the estimate to a child welfare review
committee under section 11,
shall, at the expiration of that period, be deemed to have granted
its approval under subsection (4).
(6) Where a society has jurisdiction in more than one Proportion
municipality, the portion of the estimate of net expenditures to each
that is referable to each municipality shall, subject to sub- paiity
section 12 (10), be determined in accordance with the
regulations.
(7) Subsection (6) does not apply where a district welfare Exception
administration board has been established under the District R so. iqso,
Welfare Administration Boards Act. 1978, c. 85, s. 8.
9. — (1) After an estimate has been filed with a Director ^p™^^^^ by
pursuant to subsection 8 (1) and approved by the council of each
municipality with whom it was filed, pursuant to subsection 8
(4), the Minister may approve the estimate as filed, or, subject to
subsection (2) and subsection 11 (2), vary the amount of the
estimate and approve the estimate as so varied.
(2) Where the Minister intends to vary the amount of an JJ^^^^*'/
estimate and to approve the estimate as so varied pursuant
to subsection (1), the Minister shall, at least thirty days prior
to approving the estimate, cause notice to be given of the
Minister's intention to approve or to vary, as the case may be,
to the society and to the council of each municipality in
658
Chap. 66
CHILD WELFARE
Sec. 9 (2)
the area in which the society has jurisdiction or to the
District Child Welfare Budget Board, as the case may be.
1978, c. 85, s. 9.
Interpre-
tation
10. — (1) In this section,
R.S.O. 1980,
c. 122
(a) "district" means a district as defined in the
District Welfare Administration Boards Act;
(b) "municipality" means a municipality as defined in the
District Welfare Administration Boards Act.
District
Child
Welfare
Budget
Board
(2) The councils of every municipality in a district in
which a district welfare administration board has not been
established shall, on or before the 1st day of October in each
year, jointly appoint five persons to be a board known as the
District Child Welfare Budget Board.
Approval of
estimates
(3) The estimate of net expenditures of a society in a
district shall be approved by the District Child Welfare
Budget Board in lieu of the approval by the municipal
councils otherwise required by section 8. 1978, c. 85, s. 10.
Reference
to child
welfare
review
committee
1 1. — (1) Where the council of a municipality or a District
Child Welfare Budget Board does not agree with the amount
of the estimate submitted to it by a society pursuant to
subsection 8 (1) or with the portion of the estimate that is refer-
able to the municipality, it may, on or before the expiration of the
time fixed under subsection 8 (4) for the approval of the estimate
by the municipality or the District Child Welfare Budget Board,
as the case may be, request the Minister to refer the matter to a
child welfare review committee.
Idem
(2) Where a society, the council of a municipality or a
District Child Welfare Budget Board, as the case may be,
does not agree with the amount of the estimate.
(a) that has been filed pursuant to subsection 8 (2); or
(b) that the Minister intends to approve as varied pursuant
to subsection 9 (1),
any one of them may.
Sec. 12 (3) CHILD WELFARE Chap. 66 659
(c) in the case of an estimate referred to in clause (a),
before the expiration of sixty days after the filing of the
estimate; and
id) in the case of an estimate referred to in clause 0),
after receiving notice of the Minister's intention pur-
suant to subsection 9 (2) and before the Minister's
approval is given under subsection 9(1),
request the Minister to refer the matter to a child welfare review
committee.
(3) The provisions of subsection (2) apply with necessary i'*®'"
modifications to the council of a municipality or a District Child
Welfare Budget Board that does not agree with the portion of
the estimate referable to the municipality, where the estimate
has been filed by the Minister pursuant to subsection 8 (2).
1978, c. 85, s. 11.
12. — (1) For the purposes of this section and section 11, o°^^^^"°°
a child welfare review committee shall consist of, welfare
review
committee
(a) one member appointed by the Minister, who shall be
chairman ;
(b) one member apf)ointed by the Ontario Association
of Children's Aid Societies; and
(c) one member appointed by the council of the
municipality or the District Child Welfare Budget
Board, as the case may be.
(2) Where a society has jurisdiction in more than one f°J^Jnt-
municipality and there is no District Child Welfare Budget f^^^^^^^
Board, the member to be appointed under clause (1) (c) shall be
appointed jointly by those municipalities.
(3) Where the Minister receives a request under sub- ^^^^t
section 11 (1) or (2), the Minister shall forthwith appoint the members
member referred to in clause (1) (a) and cause notice to be given
to the Ontario Association of Children's Aid Societies and the
council of the municipality or the District Child Welfare Budget
Board, as the case may be, to appoint, within ten days of the
notice having been given, the members referred to in clauses (1)
(b) and (c), respectively, and to inform the Minister forthwith of
the names of the members appointed.
660
Notice
Chap. 66
CHILD WELFARE
Sec. 12 (4)
(4) The Minister shall, after being informed under sub-
section (3), forthwith cause notice of the names of the members
of the child welfare review committee to be given to the
parties concerned.
Failure to
appoint
member
(5) Where a party who receives a notice to appoint a
member to the committee under subsection (3) fails to appoint
a member within the time prescribed, the Minister shall,
in the place of the party who failed to make the appoint-
ment, forthwith appoint the member to the committee.
Procedure
(6) A child welfare review committee shall be convened
by the chairman thereof within ten days after all the mem-
bers have been appointed and the committee shall determine
its own procedures.
Evidence (7) \ child welfare review committee may receive such
written or oral evidence from a Director, the society, the
municipality or District Child Welfare Budget Board, as the
case may be, or any other person as it in its discretion
considers proper whether admissible in a court of law or not
and may require the Director to present evidence and make
submissions.
Idem
(8) A Director shall, when required by a child welfare
review committee, present evidence and make submissions
before the committee.
Findings of
committee
(9) A child welfare review committee shall review the
evidence submitted to it and obtain any additional evidence
or material it considers necessary and shall report its findings
and make recommendations to the Minister within thirty
days from the date that the committee first convenes and
the findings and recommendations of the committee shall
be made available to the parties concerned.
Sinister"^ (10) After reviewing the findings and recommendations of
a child welfare review committee, the Minister may approve
the estimate filed under subsection 8 (1) or (2), vary the amount
of the estimate and approve the estimate as so varied or deter-
mine the apportionment referred to in subsection 8 (6), as the
case may be, and the decision of the Minister is final.
Notice
(11) Notice of the Minister's decision shall be given to the
parties concerned within thirty days after the Minister
receives the report and recommendations of a child welfare
review committee. 1978, c. 85, s. 12.
Sec. 15 (1) CHILD WELFARE Chap. 66 661
13. — (1) There shall be paid out of the moneys appro- J*^'^^^
priated therefor by the Legislature to each society an amount,
determined in accordance with the regulations, of the
approved estimate of the society.
(2) Every municipahty shall pay to the society having ^*^^^^.
jurisdiction in the municipality an amount, determined in paiity
accordance with the regulations, of the portion determined
in accordance with subsection 8 (6), of the approved estimate of
the society that is referable to the municipality.
(3) Any amount payable to a society under this section ^y°^|n°'
in respect of an approved estimate, including advances before
such estimate is approved, may be paid at such times and
in such manner as are determined by the Minister. 1978, c. 85,
s. 13.
14. — (1) Where the erection, purchase or other acquis!- capitai^^
tion of a building by a municipality or by a society for the
occupation in whole or in part by the society for use for a
purpose other than to provide facilities and services to meet
such special needs of children as are prescribed for the purposes
of section 16 has been approved by the Minister, the Minister
may, out of the moneys appropriated therefor by the Legis-
lature, direct payment to the municipality or to the society
of an amount, determined in accordance with the regulations,
of the cost to the municipality or society of the building
determined in accordance with the regulations.
(2) Where the Minister has approved the erection of a new i**®™
building, an addition to an existing building, the purchase
or other acquisition of an existing building, the structural
alteration or the renovation or the furnishing and equipping
of a building by a society for the provision of facilities and
services to meet such special needs of children as are pre-
scribed for the purposes of section 16, the Minister may
direct payment to the society out of moneys appropriated
therefor by the Legislature of an amount, determined ill
accordance with the regulations, towards the cost deter-
mined in accordance with the regulations of the new building,
addition, acquisition, structural alteration, renovation or
furnishing and equipping, as the case may be, that is
applicable to the facilities and services. 1978, c. 85, s. 14.
15.— (1) The council of any municipality shall pass g,°^*'*ue
by-laws for the levying of such amounts as are necessary levies
for the purpose of meeting any liability imposed on the
municipality under this Act and may pass by-laws for the
purpose of affording to a society such other assistance as the
council considers advisable.
662
Chap. 66
CHILD WELFARE
Sec. IS (2)
When
society a
local board
R.S.O. 19S0,
c. 348
Special
homes and
services
Temporary
board
Dissolution
of societies
(2) A society shall be deemed to be a local board of each
municipality in which it has jurisdiction for the purposes of
the Ontario Municipal Employees Retirement System Act and
not for any other purpose. 1978, c. 85, s. IS.
16. Where two or more societies have concurrent or
contiguous jurisdictions they may with the approval of the
Minister enter into an agreement estabhshing a joint com-
mittee for the purpose of providing facilities and services
for the joint use of the societies to meet such special needs
of children as are prescribed by the regulations, and sec-
tions 8 to 14 apply to the joint committee, for the purposes
for which it was established, in the same manner as if the
joint committee were a society. 1978, c. 85, s. 16.
17. Where, in the opinion of the Lieutenant Governor
in Council, a society is not able to perform its duties, the
Lieutenant Governor in Council may appoint a board of
directors who shall be the board of directors of the society for
such period as the Lieutenant Governor in Council con-
siders advisable. 1978, c. 85, s. 17.
18. The Lieutenant Governor in Council may, at any
time upon the recommendation of the Minister, dissolve a
society on such date as the order provides, and upon the
dissolution of a society its property vests in the Crown to
be held and disposed of in such manner as the Lieutenant
Governor in Council determines. 1978, c. 85, s. 18.
PART II
Interpre-
tation
PROTECTION AND CARE OF CHILDREN
19.— (1) In this Part and Part IV,
(a) "child" means a person actually or apparently
under sixteen years of age, and in the case of a
person who is the subject of an order under this Part,
includes a person under eighteen years of age;
(6) "child in need of protection" means,
(i) a child who is brought, with the consent of
the person in whose charge the child is,
before a court to be dealt with under this
Part,
(ii) a child who is deserted by the person in
whose charge the child is,
(iii) a child where the person, in whose charge the
child is, cannot for any reason care properly
Sec. 19 (1) (e) (ii) child welfare Chap. 66 663
for the child, or where that f)erson has died
and there is no suitable person to care for the
child,
(iv) a child who is living in an unfit or improper
place,
(v) a child found associating with an unfit or
improper person,
(vi) a child found begging or receiving charity in
a public place,
(vii) a child where the person in whose charge the
child is is unable to control the child,
(viii) a child who without sufficient cause is
habitually absent from home or school,
(ix) a child where the person in whose charge the
child is neglects or refuses to provide or
obtain proper medical, surgical or other
recognized remedial care or treatment neces-
sary for the child's health or well-being, or
refuses to permit such care or treatment to
be supplied to the child when it is recom-
mended by a legally qualified medical prac-
titioner, or otherwise fails to protect the child
adequately,
(x) a child whose emotional or mental develop-
ment is endangered because of emotional
rejection or deprivation of affection by the
person in whose charge the child is, or
(xi) a child whose life, health or morals may be
endangered by the conduct of the person in
whose charge the child is;
(c) "developmental handicap" means a condition of
mental impairment present or occurring during a
person's formative years that is associated with
limitations in adaptive behaviour;
(d) "foster home" means a home, other than the home
of the child's parent, in which a child is placed for
care and supervision but not for the purposes of
adoption ;
(e) "parent" means,
(i) a guardian of a child appointed at law,
(ii) a mother of a child,
664 Chap. 66 CHILD WELFARE Sec. 19 (1) (e) (iii)
(iii) a person,
, ,j», (A) who has within twelve months
* immediately prior to a child being
detained in a place of safety under clause
21 (1) (a) or clause 22 (2) (a) or being
brought before the court on an order to
produce under clause 21 (1) (b) or clause
22 (2) (b), as the case may be,
1. acknowledged that he is the father of
the child and has voluntarily pro-
vided for the child's care and sup-
port, or
2. demonstrated a settled intention to
treat the child as a child of the per-
son's family,
(B) who has made a written acknowledgment
of the fact of his parentage to the society
having or applying for the care or super-
vision of a child,
(C) who by order of a court of competent
jurisdiction or by a written agreement is
under a legal duty to provide for a child or
has been granted custody of or access to a
child,
(D) who has filed under section 12 of the
f'68^ ^'*°' Children's Law Reform Act a statutory
declaration affirming that he is the father
of a child, or
(E) who is in one of the circumstances refer-
red to in paragraphs 1 to 6 of subsection 8
(1) of the Children's Law Reform Act,
unless it is proven on a balance of prob-
abilities that the person is not a parent of
the child,
but does not include the Crown, a society or a foster
parent of a child'
(/) "place of safety" means a receiving home, foster
home, hospital, and such other place or class of
places designated in writing by a Director, but
f so? *'*°' ^^^^ ^^^ include a training school under the Training
Schools Act;
Sec. 20 (3) {a) (i) child welfare Chap. 66 665
(g) "receiving home" means an institution or home
operated or supervised by a society for the tem-
porary care of children. 1978, c. 85, s. 19 (1); 1979,
c. 98, s. 2.
(2) Subject to subsection (3) and subsection 32 (3), an By whom
.... . cases are
apphcation m respect of a child under this Part shall be to be
heard by a court in the county or district in which the child
was taken into care.
(3) Where, Transferor
^ ' proceeding
(a) a child is taken into care, the court in the county
or district in which the child is taken into care; or
(6) a child is produced before the court under section
21 or 22, the court in the county or district in which
the child is produced,
is satisfied that there is a preponderance of convenience in
favour of holding the hearing in respect of the child in
another county or district, the court may, at any time after
an application is made in respect of the child under this
Part and before hearing the application, transfer the proceed-
ings to a court in any other county or district.
(4) For the purposes of an application under this Part, admem^
where the parent of a child is under eighteen years of age,
the Official Guardian shall be the guardian ad litem of the
parent with the duty of safeguarding the parent's interests
before the court unless the court appoints any other person
to be guardian ad litem for this purpose, and the court may
make such order as to the costs of the guardian ad litem as
the court considers just. 1978, c. 85, s. 19 (2-4).
20. — (1) A child may have legal representation at any J^^^_
stage in proceedings under this Part. ofcwid°°
(2) Where on an application under this Part a child does ^'^em
not have legal representation, the court shall, as soon as
practicable in the proceedings, determine whether legal
representation is desirable to protect the interests of the
child and if at that or any later stage in the proceedings the
court determines that legal representation is desirable the
court shall direct that legal representation be provided for
the child.
(3) In determining whether legal representation is desir- wem
able to protect the interests of the child under subsection (2)
where,
(a) the court is of the opinion that there is a difference
in the views of the child and,
(i) the views of the society, or
666
Chap. 66
CHILD WELFARE
Sec. 20 (3) (a) (ii)
(ii) the views of a parent of the child,
and the society intends that the child be removed
from the care of his or her parent or any other per-
son or remain in the care of the society pursuant
to an order under paragraph 2 or 3 of subsection 30 (1),
as the case may be;
(b) the child is in the care of the society and a parent
is not present at any stage of the proceedings;
(c) the child is in the care of the society and is alleged to be
a child upon whom abuse, as defined in subsection 47
(1), has been inflicted; or
(d) an order under section 33 excluding the child from
the hearing is made or is likely to be made,
the court shall direct that legal representation be provided
for the child unless, having regard to the views and pre-
ferences of the child where such views and preferences can
reasonably be ascertained, the court is satisfied that the
interests of the child are otherwise adequately protected.
1978, c. 85, s. 20.
How child
in need of
protection
brought
before
court
Idem
Rlgrht of
entry
21. — (1) A police officer, a Director, a local director or
a person authorized by a Director or the local director,
who has reasonable and probable grounds to believe that
any child is apparently in need of protection, may,
(a) without warrant take the child to a place of safety
and detain the child there until the matter can be
brought before a court ; or
(b) apply to a court for an order requiring the person in
whose charge the child is to produce the child
before a court at the time and place named in the
order.
(2) A police officer, a Director, a local director or a
person authorized by a Director or by a local director,
who has reasonable and probable grounds to believe that a
child actually or apparently under sixteen years of age has
departed or has been removed from the lawful care and
custody of a society without the consent of the society, may
without warrant take the child to a place of safety and detain
the child there.
(3) Where a person authorized under subsection (1) or (2)
has reasonable and probable grounds to believe that a child
referred to in subsection (1) or (2) is on any premises,
Sec. 23 (4) CHILD WELFARE Chap. 66 667
the person may without warrant enter the premises, if need
be by force, and without warrant search for and remove the
child from the premises.
(4) The provisions of the Statutory Powers Procedure Act R so. i980,
do not apply to proceedings under this section. 1978, c. 85, not'Jo apply
s. 21. —
22. — (1) Where it appears to a justice of the peace, on warrant to
information laid before the justice on oath, chiwin
need of
(a) that there are reasonable and probable grounds to p'"°**<''*°°
believe that a child is in need of protection ; or
(b) that a child actually or apparently under sixteen
years of age has departed or has been removed from
the lawful care and custody of a society without the
consent of the society,
the justice may issue a warrant authorizing a pohce officer,
a Director, a local director or a person authorized by a
Director or the local director to search for the child and to
take the child to and detain the child in a place of safety.
(2) Where, upon application to a court by any person, we™
the court is satisfied that there are reasonable and probable
grounds to believe that a child is in need of protection and
that the matter has been reported to a society and the local
director of that society or j^erson authorized by the local
director has refused, or failed within a reasonable time, to
apprehend the child or to apply to a court under section 21
or to apply for a warrant under subsection (1), the court may,
after affording the society an opportunity to be heard,
(a) make an order directing the local director of that
society or person authorized by the local director,
as the case may be, to search for the child and to
take the child to and detain the child in a place of
safety until the matter can be brought before a
court; or
(b) order a person in whose charge the child is to
produce the child before a court at the time and
place named in the order.
(3) A person authorized by a warrant issued under sub- f^f^ °^
section (1) or an order "made under clause (2) (a),
may enter, if need be by force, any house, building or other place
specified in the warrant or order and may search for and remove
the child therefrom.
(4) It is not necessary in an information or warrant under g^„°g^
subsection (1) or an application or order under clause (2) (a) to
describe the child by name. 1978, c. 85, s. 22.
668
Chap. 66
CHILD WELFARE
Sec. 23 (1)
Homemaker
may remain
on premises
tation"^* 23. — (1) In this section, "homemaker" means a person
approved by the local director or a Director and who remains or
is placed on a premises for the purpose of caring for a child.
(2) Where it appears to a person entering a premises
pursuant to section 21 or 22 that a child, who in the opinion
of that person is unable to look after and care for himself or
herself, has been temporarily left on the premises without
proper or competent care or supervision and that a person
having charge of the child is not available or is unable to
consent to the placement of a homemaker on the premises,
the person entering the premises, instead of taking the child
to a place of safety, may,
(a) remain on the premises; or
(b) arrange with a society for the placement of a home-
maker on the premises,
for the purpose of caring for the child and thereafter, subject
to subsections (6), (7) and (8), the provisions of sections 27 to 36
apply with necessary modifications to the child,
(3) A homemaker remaining or placed on a premises pursuant
to subsection (2) may,
{a) enter and live on the premises ; and
(6) carry on normal housekeeping activities on the
premises,
in such manner and to such extent as is reasonably necessary
to care for the child and may exercise reasonable control
and discipline over the child.
Society or (4) Where a homemaker remains or is placed on a premises
Director may ^ ' . ■ /^. ,-, • . t-.- ^ ^i
provideffoods pursuant to subsection (2), the society or a Director, as the
and services , • j j j • xt.
case may be, may provide goods and services on the premises
necessary to properly care for the child.
(5) A person who enters a premises pursuant td section 21
or 22 and who remains or is placed on a premises as a home-
maker, pursuant to subsection (2) so long as the person is acting
in good faith with reasonable care in the circumstances, is not
liable for damages.
Idem
Protection
from
fiersonal
lability
{a) for entering the premises ;
{b) in connection with or arising out of the carrying, on of
normal housekeeping activities on the premises ;
(c) for providing goods and services necessary to care
for any child on the premises ; or
Sec. 25 (1) CHILD WELFARE Chap. 66 669
(d) for exercising reasonable control and discipline over
any child on the premises.
(6) Where a homemaker remains or is placed on a premises Nouce to
pursuant to subsection (2), the society shall forthwith notify
or make reasonable efforts to notify the parent or other
person having charge of the child, immediately before the
homemaker entered the premises, of the placement of the
homemaker on the premises.
(7) Notwithstanding subsection 30 (1), where an application is order of
, . , court
made to a court under section 28, the court may order the
homemaker to withdraw from the premises or may confirm the
placement or entry of the homemaker on the premises for such
period as the court considers necessary or until a parent or a
person having custody of the child returns to care for the child
but, subject to subsection (8), not to exceed thirty days.
(8) Where a parent or person having custody of the child §^Jfo5°
has not returned before the end of the f)eriod set out, in the of order
order referred to in subsection (7), a court may, upon application
therefor either before or after the expiration of the jjeriod
of the order, extend the period for such further period of
time as the court considers necessary or after a further hearing
may make an order under subsection 30 (1). 1978, c. 85, s. 23.
24. Where a child is in the care of an institution or home FHVl^.
lustltntlon
and no parent can be located, an officer of the institution
or home after making reasonable efforts to locate a parent
shall notify the society having jurisdiction in the area where
the institution or home is located and the officer may, upon
giving notice to the society, apply to a court that may deter-
mine that the child, notwithstanding clause 19(1) (6), is a child in
need of protection, and the provisions of sections-28 to 36 apply
with necessary modifications to the child. 1978, c. 85, s. 24.
25. — (1) Subject to the approval of the society, where a J^^**^
parent through circumstances of a temporary nature is aarreement
unable to make adequate provision for his or her child, the
parent may voluntarily place the child into the care and
custody of a society with jurisdiction in the area where the
parent resides and, where the society agrees to receive the
child into care and custody, the society shall enter into a
written agreement with the parent for such care and custody
for a period, subject to subsection (2), of six months or less.
670
Chap. 66
CHILD WELFARE
Sec. 25 (2)
Extension (2) Where a Director approves, the parties to an agree-
a^reement ment under subsection (1) may agree to extend the agree-
ment for a further period or periods of time that together
with the first period shall not exceed twelve months, and the
parties may agree to vary any other term or condition of the
agreement that is not prescribed by the regulations.
Limiution (3) Notwithstanding subsections (1) and (2), in no case shall
on agreement ^ ' " • , \
an agreement under subsection (1) or any extension of the
agreement be made that results in a child being in the care
and custody of a society,
(a) as a ward of the society;
{b) pursuant to an agreement under this section; or
(c) pursuant to an order for adjournment made under
subsection 28 (12) or any extension thereof,
or as a result of any combination of circumstances referred to in
clauses (a), (b) and (c) for a continuous period of more than
twenty-four months.
Special
needs
agreement
(4) Subject to the approval of the society or the Minister,
as the case may be, when a parent is unable to provide the
services required by his or her child because of the special
needs of the child, the parent may voluntarily place the
child into the care and custody or under the supervision of
a society with jurisdiction in the area where the parent
resides or of the Crown, and where the society or the Minister,
as the case may be, agrees to receive the child into care and
custody or under supervision, the society or the Minister shall
enter into a written agreement with the parent.
(a) for the placement of the child into the care and
custody or under the supervision of the Crown or the
society, as the case may be; or
(b) for the provision by the Minister or the society,
as the case may be, of the services required to meet
the special needs of the child,
or both, for such period or periods of time, subject to sub-
section (12), as may be agreed upon between the parties.
siderations (5) Before entering into an agreement under this section,
entering the Society or the Minister, as the case may be, shall consider
agreement what assistance to the child is possible while the child is in
Sec. 25 (13) CHILD WELit-ARE Chap. 66 671
the care of his or her parent or other person and before the
society or the Minister assumes care and custody or super-
vision of the child under an agreement.
(6) No agreement with a parent under this section is ^«r?*™®.?}
invalid by reason only of the fact that the parent entering by reason
into it is under eighteen years of age. ° ***
(7) The voluntary placement of a child with a society or d°°**u)'°'
the provision of services to a child by a society pursuant to
an agreement with the society under subsection (4) shall not
be made without the consent of a Director.
(8) Subject to subsection (9), no agreement under this ^^j^"***'
section or extension thereof shall be entered into under this
section in respect of a child twelve or more years of age
without the written consent of the child and such consent,
subject to subsection (13), shall not be withdrawn.
(9) The consent required under subsection (8) is not ^**®™
required where the child is not capable of giving the consent
because of a developmental handicap determined in accord-
ance with the regulations.
(10) No agreement under this section or any extension AgeUmit
thereof shall extend beyond the eighteenth birthday of the
person in respect of whom the agreement heis been made.
(11) A person sixteen or more years of age and under ^^f^^®°^
eighteen years of age or the person's parent where the person to persona
is not capable of entering into an agreement because of a years of
developmental handicap determined in accordance with the **^®
regulations, may, with the approval of a Director, enter into
an agreement under this section with the Minister or a society
with jurisdiction in the area where the person resides with
respect to the provision of services to such p)erson by the
Minister or the society, as the case may be.
(12) Any party to an agreement made under this section Termination
at any time during the period of the agreement or any agreement
extension thereof, may terminate the agreement by giving
at least twenty-one days notice in writing to the other party
or parties, eis the case may be, and the agreement shall
terminate on the expiration of the period set out in the
notice.
(13) A child who is twelve or more years of age and in !*•"»
respect of whom an agreement under this section was made,
at any time during the period of the agreement or any
672
Chap. 66
CHILD WELFARE
Sec. 25 (13)
Return
of the
cUld
'ii a Jill
Application
extension thereof, upon giving notice in writing to the
society or to the Minister, as the case may be, may seek a
review of the agreement by the society or the Minister and
where,
(a) the existing agreement is not confirmed; and
(6) no further agreement is reached,
by the parties and the child within twenty-one days from the
giving of the notice, the agreement shall be deemed to be
terminated.
(14) Where an agreement under this section or an extension
thereof,
(a) is terminated under subsection (12), as soon as is
practicable and within the time period set out in
the notice given under that subsection;
(b) is the subject of a review under subsection (13), upon
the expiration of the twenty-one day period refer-
red to in that subsection; or
(c) expires pursuant to the terms of the agreement or
pursuant to subsection (2), before or as soon as is
practicable after the expiration thereof,
the society or the Minister, as the case may be, shall,
{d) cause the child to be returned to the parent or
other person in whose charge the child was im-
mediately prior to the agreement being entered
into, but where there is an outstanding order for
custody of the child, cause the child to be placed
with the person entitled to custody of the child
under the order; or
{e) cause the matter to be brought before a court
to determine whether the child is or would be,
if left in the charge of or returned to the parent
or other person in whose charge the child was
immediately prior to the agreement being entered
into, as the case may be, a child in need of protec-
tion, and thereafter the provisions of sections 28
to 36 apply, with necessary modifications, to the
child.
(15) Subsection (14) does not apply to an agreement entered
into under subsection (11). 1978, c. 85, s. 25.
^ohibition 26. No person shall place a child into the care or custody
placement of a society and no society shaU receive a child into its care
or custody except.
Sec. 27 (2) (a) CHILD welfare Chap. 66 673
(a) where the child is detained in a place of safety under
subsection 21 (1) or clause 22 (1) (a) or subsection 22 (2);
(b) where the care of the child is assumed under section 23;
(c) pursuant to an order under this Part or any other Act
respecting the care or custody of the child;
(rf) pursuant to an agreement under subsection 25 ( 1) or (4);
ie) pursuant to the authority given under subsection 43 (2)
or (3); or
(/) pursuant to a consent given under subsection 69 (2).
1978, c. 85, s. 26.
27. — (1) As soon as is practicable and within five days of J^^°°
detaining a child in a place of safety under subsection 21 (1) or
clause 22 (1) (a) or subsection 22 (2), or of assuming the care of a
child under section 23, as the case may be,
(a) the matter shall be brought before a court to deter-
mine whether the child is a child in need of pro-
tection ;
(6) the child shall be returned to the parent or other
person in whose charge the child was immediately
prior to the child's apprehension or to the as-
sumption of the child's care, as the case may be, but,
where there is an outstanding order for custody of
the child, the child shall be placed with the person
entitled to custody of the child under the order; or
(c) an agreement shall be entered into under section 25.
(2) A child who has been detained pursuant to subsection 2 1 J«'^°<*
(2) or clause 22 (1) (6) in an observation and detention home detention
established or designated under the Provincial Courts Act that R s^ >980,
has been designated as a place of safety, shall, as soon as is
practicable after the commencement of the detention, be brought
before the court and the court shall make an order,
(a) confirming the child's detention for a period or
periods that shall not in total exceed thirty days ; or
674
Chap. 66
CHILD WELFARE
Sec. 27 i2)(b)
(6) discharging the child from the observation and
detention home,
and upon completion of the period of detention or the dis-
charge, as the case may be, the child shall be removed from the
observation and detention home for transfer back into the
care of the society. 1978, c. 85, s. 27.
Hearing
to be
held
28. — (1) Where a child who has been apprehended or
produced before the court under section 21 or 22 is before
the court, there shall be a hearing to determine whether
or not the child is in need of protection, and before the
court finds that the child is in need of protection, the court
shall also determine the child's age, name, and, in the case
of a child detained in a place of safety under subsection 21 (1) or
clause 22 (!) (a) or subsection 22 (2), the location where the child
was taken into protection and, subject to section 44, the religious
faith of the child.
Witnesses
(2) The court, or upon the request of any party to the
proceedings, a judge or a justice of the peace, has the power
of summoning any person and requiring that person to attend
before the court to testify and to produce such records,
writings, documents and things as may be requisite, and the
court has the same power to enforce the attendance of wit-
nesses and to compel them to give evidence and produce
records, writings, documents and things as is vested in any
court in civil cases.
Who may
be heard
(3) The court may hear any person with evidence relevant
to the hearing including the child, a parent of the child,
subject to subsection (8), a foster parent of the child, the
local director of a society or any person appearing on behalf
of any of them, any person authorized by the board of
directors of the society on behalf of the society, the clerk
of a municipality or any person authorized by the council
of the municipality on behalf of the municipality, and a
district director of the Ministry or any person authorized by
the Minister on behalf of Ontario.
Evidence
R.S.O. 1980,
c. 145
(4) Notwithstanding any privilege or protection afforded
under the Evidence Act, before making a decision that has
the effect of placing a child in or returning a child to the
care or custody of any person other than a society, the
court may consider the past conduct of that person towards
any child who is or has at any time been in the person's
care, and any statement or report whether oral or written,
including any transcript, exhibit or finding in a prior proceed-
Sec. 28 (9) CHILD WELFARE Chap. 66 675
ing whether civil or criminal that the court considers relevant
to such consideration and upon such proof as the court may
require, is admissible in evidence.
(5) The court may accept evidence by affidavit but the ^^^^
affidavit shall be confined to facts within the personal
knowledge of the person making the affidavit. 1978, c. 85,
s. 28 (1-5).
(6) The court shall not proceed to hear or dispose of the Notice
matter until the court is satisfied that the parent or other
person having actual custody of the child, including, where
applicable, any foster parent who immediately prior to the
hearing has been caring for the child on behalf of a society
for a continuous period of more than six months and, subject
to subsection (7), the child, has had reasonable notice of the
hearing or that reasonable effort has been made in the opinion
of the court to cause the parent, such other person or the
child to be notified.
(7) A child who is, Sud*'°
(a) ten or more years of age is entitled to notice under
subsection (6) unless the court is satisfied that the
effect of the hearing or any part thereof would be
injurious to the emotional health of the child, in
which case the court may direct that the child not
be served with the notice; or
ib) under ten years of age is not entitled to notice under
subsection (6) unless the court decides that the child is
entitled to be present at the hearing under clause 33 (b).
intat
(8) A foster parent who is given notice under subsection (6) is I^*2ta
entitled to make representations to the court and to be rep- nekrin*
resented by counsel at the hearing, but shall take no further part
in the hearing without leave of the court.
(9) The court's right to receive evidence in any hearing ^™«°**™*°''
under this Part shall not be restricted by the content of any
notice given or application made in writing with respect
to the proceedings and the court may without requiring
notice to be given, unless it considers further notice to be
necessary in the circumstances, make an order at any stage
in a proceedings amending such notice or application.
676
Chap. 66
CHILD WELFARE
Sec. 28 (10)
Court may
dispense
with notice
(10) Where, in the opinion of the court, prompt service of
any notice required under subsection (6) of this section or
subsection 23 (6) cannot be effected and any delay might
endanger the health or safety of the child, the court may
dispense with the requirements of those subsections.
Limitation
where
notice
dispensed
'^
(11) Where the requirements of subsection (6) have been
dispensed with pursuant to subsection (10), the court shall not
make an order committing the child as a ward of the Crown
or make an order committing the child as a ward of a society
for a period exceeding thirty days, except after holding a
further hearing, and the requirements of subsection (6) apply
to such further hearing.
Custody
during
adjourn-
ment
(12) A court may from time to time adjourn a hearing
but no such adjournment shall, subject to subsection (13) and
subsection 29 (1), be for more than thirty clear days, and pending
final disposition of the hearing.
(a) where a society shows cause why the child should
remain or should be placed, as the case may be,
in the temporary care and custody of the society,
the court shall order that the child remain or be
placed in the temporary care and custody of the
society; or
{b) where sufficient cause has not been shown why
the child should remain or be placed, as the case
may be, in the temporary care and custody of a
society, the court shall order that the child be re-
turned to or remain in the care and custody of the
parent or other person in whose charge the child
was immediately prior to,
(i) the child's detention, or
(ii) the production of the child before the court
by the parent or other person,
R.S.O. 1980,
c. 508
unless the court is satisfied that some other order for care
and custody of the child should be made, in which case,
the court may make such other order for the temporary
care and custody of the child as the court considers
advisable pending final disposition of the hearing, except
an order placing the child in a training school established
under the Training Schools Act, or placing the child in
an observation and detention home established or designated
Sec. 29 (2) (6) child welfare Chap. 66 677
under the Provincial Courts Act that has not been designated ^ s^o. i980.
under this Act as a place of safety. 1978, c. 85, s. 28 (7-13).
(13) The court, with the consent of all parties present at the Longer
hearing, may adjourn the hearing under subsection (12) for a Sjlmmment
period longer than thirty days, unless a party who is not present
at the hearing informs the court in writing before the adjourn-
ment is granted that the party does not consent to a longer
adjournment and, where the court grants such longer period of
adjournment, the court shall give reasons for granting such
longer period. 1979, c. 98, s. 3 (2).
(14) Where the court is satisfied that cause has been shown J,^^^^^^®^
why a change in the arrangements for the care and custody of order
of the child should be made, the court may vary or terminate
any order for care and custody made under subsection (12).
(15) For the purpose of determining under subsection (12) ?fjr,j^
or (14) whether a child shall remain or be placed in the
temporary care and custody of a society, the court may receive
and base its decision upon evidence that the court considers
credible and trustworthy in the circumstances.
(16) The provisions of this section apply with necessary Application
modifications to proceedings under subsections 32 (1) and
(4), section 35, section 37 and subsections 38 (1) and (2).
1978, c. 85, s. 28(15-17).
20.— (1) Where a child has been found to be a child in S^Sent
need of protection pursuant to section 28, a court may order
the child and any parent of the child or other person, except
a foster parent caring for the child on behalf of a society,
in whose charge the child has been or may be, to attend for
an assessment before a person or persons specified in the
order and who in the opinion of the court are qualified to
perform medical, emotional, developmental, psychological,
educational or social assessments and who have consented
to perform the assessments and within a time specified
therein, and the person or persons making the assessments
shall report the results thereof in writing to the court within
thirty days of the order or within such longer period of time
as the court may direct.
(2) The court shall provide a copy of the report of the R«port
assessment to,
(a) subject to subsection (3), any person who is the
subject of the assessment;
{b) counsel or the agent on the record for the child;
678
Chap. 66
CHILD WELFARE
Sec. 29 (2) (c)
(c) a parent appearing at the hearing or the parent's
counsel or agent on the record; and
(d) the society that is a party to the proceedings,
and the court shall at any time upon request order a copy
of the report to be provided to a Director, and the court may
at any time order a copy of the report to be provided to
any other person for the purpose of the case as the court may
direct.
Idem
(3) A child who is the subject of the assessment and
who is,
(a) ten or more years of age shall be provided with
a copy of the report unless the court is satisfied
that the effect of the contents of all or any part
of the report would be injurious to the emotional
health of the child, in which case the court may
withhold all or any part of the report from the
child; or
(6) under ten years of age shall not be provided
with a copy of the report pursuant to subsection (2),
unless the court considers it reasonable in the cir-
cumstances that the child receive the report or any
part thereof.
Idem
(4) The report of the assessment shall form part of the
court record in the case but shall not be admissible in
evidence for any purpose in any other proceedings except in
proceedings.
R.S.O. 1980,
c. 93
(a) by way of appeal under section 43;
(b) under the Coroners Act; or
(c) referred to in section 51,
without the consent of the person or persons who are the
<i''- subject of the assessment.
Inference
from
reftaBftl
(5) Where a person who has been ordered under sub-
section (1) to attend for an assessment refuses to attend or
to undergo the assessment, the court may draw such infer-
ences relating to the placement of the child as it thinks
appropriate. 1978, c. 85, s. 29.
Sec. 30 (4) CHILD WELFARE Chap. 66 679
30. — (1) Where a court finds a child to be a child in ^^j^'^iJ^®"'
need of protection pursuant to section 28, the court shall need of
Drotocfclon
make the one of the following orders that the court con-
siders to be in the best interests of the child, namely:
1. That the child be placed with or returned to the
child's parent or other person, subject to supervision
by the society having jurisdiction in the area where
the judge hearing the case presides at the time of
the hearing, for a period of not less than six months
and not more than twelve months as in the circum-
stances of the case the court considers advisable.
2. That the child be made a ward of and committed
to the care and custody of the society having
jurisdiction in the area where the judge hearing the
case presides at the time of the hearing, for such
period, not exceeding twelve months, as in the cir-
cumstances of the case the court considers advisable.
3. That the child be made a ward of the Crown until
the wardship is terminated under section 38 or
expires under section 42 and that the child be com-
mitted to the care of the society having jurisdiction
in the area where the judge hearing the case
presides at the time of the hearing.
(2) Where a provincial judge has committed a child to the Period_^of^
charge of a society under paragraph 20 (1) (h) of the Juvenile r g c. i97o.
Delinquents Act (Canada), the child shall be deemed to be^ J-^
committed to the society under paragraph 2 of subsection (1).
(a) where the order is for a fixed period that does not
exceed twelve months, for the period specified in the
order; or
(b) where the order is for an indefinite period or exceeds
twelve months, for twelve months.
(3) A provincial judge shall give reasonable notice to a Notice
society before committing a child to the charge of the society
under paragraph 20 (1) (h) of the Juvenile Delinquents Act
(Canada).
(4) In making an order under paragraph 1 of subsection (1), the JJnStioSi
court may impose reasonable terms and conditions, relating to the
method of supervision of the child,
680
Chap. 66
CHILD WELFARE
Sec. 30 (4) (a)
(a) upon the person with whom the child has been
placed or returned, as the case may be;
(6) upon the supervising society;
(c) upon the child; and
(d) upon any other person where the person has been
afforded an opportunity to be heard.
Determina-
tion of
order
(5) In determining which order to make under sub-
section (1), the court shall inquire of the parties whether any
efforts have been made by a society or any other agency or
person to assist the child while the child was in the care
of his or her parent or other person and before the child came
into the care of the society. 1978, c. 85, s. 30.
bySrent ^^' — ^^^ Subject to subsection (3), where a child is found to
be a child in need of protection and,
Deter-
mination of
amount
(a) is committed to the care of a society; or
(b) is placed with a person other than the child's
parent subject to supervision by a society,
the court may order a parent or the estate of a parent
to pay the society such an amount and at such intervals as
the court considers proper for each day the child is in the care
or under the supervision, as the case may be, of the society.
(2) In determining the amount if any that shall be paid
to the society under subsection (1), the court shall have regard
to the following circumstances of the parent or the estate
of the parent and of the child that the court considers
relevant,
(a) the assets and means of the child and of the parent
or the estate of the parent;
(b) the capacity of the child to provide for the child's
own support;
(c) the capacity of the parent or the estate of the
parent to provide support ;
(d) the age and the physical and mental health of the
child and of the parent ;
(e) the mental, emotional and physical needs of the
child;
Sec. 32 (2) CHILD WELFARE Chap. 66 681
(/) the legal obhgation of the parent or the estate of the
parent to provide support for any other f)erson ;
(g) the child's aptitude for and reasonable prospects of
obtaining an education;
(A) any other legal right of the child to support other
than out of public monej^.
(3) An order made under subsection (1) shall not extend w«™
beyond the date when the child attains the age of eighteen years.
(4) A court may vary or rescind the order under subsection (1) varying
where the circumstances of the child or the parent have changed. §y^^^°
parent
(5) The council of a municipality may enter into an^J^j'^^*
agreement with the board of directors of a society providing pajrments
for the collection by the municipality on behalf of the society
of the payments of the amounts required to be paid by the
parent under subsection (1).
(6) An order made against a parent under subsection (1) may Enforcement
be enforced in the same manner as an order made under Part II
of the Family Law Reform Act. 1978, c. 85, s. 31. R so. i980.
32. — (1) Subject to subsections (6) and (7), where a child ^Pj^ijcauon
has been placed under the supervision of a society pursuant supervision
to an order made under paragraph 1 of subsection 30 (1), the
society may at any time and shall, before the expiration of the
period of supervision and upon giving notice to the child, the
parent or any person having actual custody of the child, apply to
a court for a review of the child's status and the court shall
thereupon further inquire and determine whether the cir-
cumstances justify the variation or termination of any term or
condition of the order relating to the method of supervision of the
child or a further order under subsection 30 (1) and may, having
regard to the best interests of the child, vary or terminate any term
or condition in the order relating to the method of supervision of
the child, terminate the order or make a further order under this
Part.
(2) A society shall, as soon as is practicable, and within five Time
• •!./• 1 -ii- I. Unut for
days of removing a child from the parent or person with whom application
the child has been placed pursuant to an order under paragraph
1 of subsection 30 (1), apply to a court for a review of the child's
status under subsection (1).
682
Chap. 66
CHILD WELFARE
Sec. 32 (3)
Jurisdiction
of court
(3) An application under subsection (1) or (4) may be heard by
the court in the county or district in which the parent or other
person with whom the child was placed pursuant to the order
made under paragraph 1 of subsection 30 (1) resides at the time of
the application.
Idem (4) Where a child has been placed under the supervision
of a society, pursuant to an order made under paragraph
1 of subsection 30 (1), a parent of the child, a person other than a
parent with whom a child is placed or to whom a child is returned
or the child where the child is twelve or more years of age may,
after the expiration of six months from the making of the order or
from the disposition of any previous application under this section
for a review of the child's status, whichever is later, and upon
giving notice to the society, apply to a court for a review of the
child's status and,
{a) where the court is satisfied that the termination of
the order or the variation or termination of any term
or condition of the order relating to the method of
supervision of the child is in the best interests of
the child, the court may terminate the order or
vary or terminate such term or condition of the
order; or
(6) the court may make such further order under this
Part as the court considers is in the best interests
of the child.
Notice (5) Subject to subsection (7), where a notice is given to the
society under subsection (4),
{a) by a parent of the child, the society shall forthwith
upon receipt of the notice cause notice of the
application to be given to the child, to any other
parent of the child, and where applicable to the
person other than a parent with whom the child is
placed or to whom the child is returned;
(b) by a person other than a parent, the society shall
forthwith upon receipt of the notice cause notice
of the application to be given to a parent of the
child and the child; or
(c) by the child, the society shall forthwith upon
receipt of the notice cause notice of the application
to be given to a parent of the child and where
applicable to the person other than a parent with
Sec. 34 CHILD WELFARE Chap. 66 683
whom the child is placed or to whom the child is
returned.
(6) Notwithstanding paragraph 1 of subsection 30(1), an appH- Jurisdiction
cation under subsection (1) may be made by the society having
jurisdiction in the area where the parent or other person with
whom the child was placed resided immediately prior to the
application being made and, where the court makes an order, that
society shall be given supervision or committal of the child, as the
case may be.
(7) A child who is, ?wjd*'°
(fl) ten or more years of age is entitled to notice under
subsection (1), and where applicable under subsection
(5), unless the court is satisfied that the effect of the
hearing or any part thereof would be injurious to the
emotional health of the child, in which case the
court may direct that the child not be served with the
notice; or
ib) under ten years of age is not entitled to notice
under subsection (1), and where applicable under
subsection (5), unless the court decides that the child
is entitled to be present at the hearing under clause
33 (b). 1978, c. 85, s. 32.
33. The court shall, in every proceeding under this Part, ^^f^*^
make an order directing whether any child who is the subject at
of the proceedings shall be excluded from or be present at
the hearing or any part thereof and in making an order
under this section there shall be a presumption that,
(a) a child ten or more years of age is entitled to be
present at any hearing that is part of the proceed-
ings unless the court is satisfied that the effect of
the hearing or any part thereof would be injurious
to the emotional health of the child; or
(b) a child under ten years of age shall not be present
at any hearing that is part of the proceedings unless
the court is satisfied that the hearing or any part
thereof would be understandable to the child and
not be injurious to the emotional health of the child.
1978, c. 85, s. 33.
Proceedings
34. Notwithstanding section 132 of the Judicature Act atanytime
, . , . . J or on a
and with the leave of the court heanng an application under holiday
this Part, any step may be taken in the application, the ff^ ^^^-
684
Chap. 66
CHILD WELFARE
Sec. 34
Aooess to
child
hearing may be held and the order may be made and per-
formed at any time of any day, including a holiday.
1978, c. 85, s. 34.
35. — (1) Subject to subsections (2), (3), (S) and (6) and
subsection 38 (7),
{a) a parent of a child where the child is in the care
or custody of a society or with whom the child is
placed or to whom the child is returned subject to
supervision by a society, upon giving notice to the
society ;
(b) a person other than a parent, with whom a child is
placed or to whom a child is returned subject to
supervision by a society, upon giving notice to the
society ;
(c) a child twelve or more years of age and who is
in the care and custody or under the supervision
of a society, upon giving notice to the society ;
(d) a society having care and custody or supervision
of a child upon giving notice to any foster parent
who immediately prior to the application has been
caring for the child on behalf of the society for
more than six months, to any parent of the child,
to any person with whom the child is placed or to
whom the child is returned subject to supervision
of a society, cis the case may be, and to the child,
may, at any time after the commencement of proceedings
under this Part respecting the child and whether before or
after the making of an order under this Part, apply to a
court for an order regarding the right of access to the child.
Idem
(2) No order regarding the right of access to a person
over the age of sixteen years shall be made under subsection (4).
Idem
(3) No application under subsection (1) shall be made by a
person referred to in clause (a), (b) or (c) of that subsection
before the expiration of six months from the date of any
previous application under that subsection by such person.
Mem (4) Upon an application therefor in accordance with sub-
section (1), or at the time of making any other order under
this Part, a court, having regard to the best interests of
the child shall consider whether or not an order regarding
Sec. 36 CHILD WELFARE Chap. 66 685
the right of access to the child shall be made, altered,
varied or discharged and may make such order as the court
considers proper regarding the right of access to the child by
any person or may alter, vary or discharge, any order so
made.
(5) A child who is. Notice
dispensed
with
(a) ten or more years of age is entitled to notice under
subsection (1) and where applicable under subsec-
tion (6), unless the court is satisfied that the effect of the
hearing or any part thereof would be injurious to the
emotional health of the child, in which case the
court may direct that the child not be served with
the notice ; or
(6) under ten years of age is not entitled to notice
under subsection (1) and where applicable under sub-
section (6), unless the court decides that the child is
entitled to be present at the hearing under clause 33 (6).
(6) Subject to subsection (5), where a notice is given to the Notice
society under,
(a) clause (1) (a), the society shall forthwith upon receipt of
the notice, cause notice of the application to be given to
any foster parent who immediately prior to the appli-
cation has been caring for the child on behalf of the
society for more than six months, to the child and to
any other parent of the child; or
(b) clause (1) (b), the society shall forthwith upon receipt
of the notice cause notice of the application to be
given to the parent of the child and to the child; or
(c) clause (1) (c), the society shall forthwith upon
receipt of the notice, cause notice of the application
to be given to any foster parent who immediately
prior to the application has been caring for the child
on behalf of the society for more than six months,
to a parent of the child or to any other person
with whom the child is placed or to whom the child is
returned subject to supervision by a society, as the
case may be. 1978, c. 85, s. 35.
36. The reasons for any decision made by a court under contento
this Part may be oral or written and shall include, decision
686 Chap. 66 child welfare Sec. 36 (a)
(a) a statement of the evidence upon which the
decision of the court is based ;
(6) in the case of a decision granting or renewing an order
under paragraph 1 of subsection 30 (1) or varying any
term or condition of the order, a statement of any terms
and conditions imposed by the court;
(c) in the case of a decision granting or refusing,
(i) an order under paragraph 1, 2 or 3 of subsection
30(1),
(ii) an order for the renewal or termination of any
existing order under paragraph 1 or 2 of subsec-
tion 30 (1) or for the termination of any existing
order under paragraph 3 of subsection 30 (1), or
(iii) an order varying any term or condition of any
fA)ff , existing order under paragraph 1 of subsection 30
■^ ' ■ (1),
a statement of the plan proposed by a society or of a
plan, if any, proposed by a parent of the child to
meet the best interests of the child, but nothing in
this section shall require the court to identify in
the statement any person caring for the child
during the period of any proposed placement or
identify any place where the care is to be provided;
and
{d) a statement of the reasons for the decision, and,
in the case of an order authorizing the removal of a
child from or refusing to return the child to the
parent or person in whose charge the child was
immediately prior to the child's apprehension by a
society, the statement shall include reasons why
the child cannot be adequately protected without
such removal or without the refusal of such return,
as the case may be. 1978, c. 85, s. 36.
to'review^" ^'^ ' — ^^^ Subject to subsection (4), where a child has been
society committed as a ward of a society pursuant to an order made
wardship , , ^ , . i •
under paragraph 2 of subsection 30(1), the society may at any time
and shall, before the expiration of the period of wardship, other
than under section 42, and upon giving notice to the child, the-
parent of the child and any foster parent who immmediately prior
j^tiii^i to the application has been caring for the child on behalf of the
Sec. 37 (2) id) child welfare Chap. 66 687
society for a continuous period of more than six months, apply to a
court for a review of the child's status and the court shall there-
upon further inquire and determine whether the circumstances
justify a further order under subsection 30 (1) and may, having
regard to the best interests of the child, terminate the order or
make a further order under this Part but in no case shall an order
be made that results in the child being in the care and custody of a
society,
(a) as a ward of the society;
(b) pursuant to an agreement under subsection 25 (1); or
(c) pursuant to an order for adjournment made under sub-
section 28 (12) or any extension thereof,
or as a result of any combination of circumstances referred to in
clauses (a), {b) and (c), for a continuous period of more than
twenty-four months. 1978, c. 85, s. 37 (1); 1979, c. 98, s. 4.
(2) Subject to subsections (4) arid (S), where a child has been "em
committed as a ward of a society pursuant to an order made
under paragraph 2 of subsection 30 (1),
(a) a parent of the child after the expiration of six
months from the making of the order or from the
disposition of any previous application for a review
of the child's status, whichever is later, and
upon giving notice to the society having the care of
the child; or
(b) the child, where the child is twelve or more years
of age, after the expiration of six months from the
making of the order or from the disposition of any
previous apphcation for a review of the child's
status, whichever is later, and upon giving notice to
the society having the care of the child,
may apply to a court for a review of the child's status and,
(c) where the court is satisfied that the termination is
in the best interests of the child, the court may
terminate the order; or
(d) the court may make such further order under
this Part as the court considers necessary in the
688
Chap. 66
CHILD WELFARE
Sec. 37 (2) id)
best interests of the child, but in no case shall an
order be made that results in the child being in the
care and custody of a society,
(i) as a ward of the society,
(ii) pursuant to an agreement under subsection
25 (1), or
(iii) pursuant to an order for adjournment made
under subsection 28 (12) or any extension
thereof,
or as a result of any combination of circumstances
referred to in subclauses (i), (ii) and (iii), for a
continuous period of more than twenty-four months.
Extension
of limitation
period
anu
(3) Notwithstanding subsections (1) and (2), where, on an
application under subsection (1) or (2) for a review of the child's
status, the hearing is adjourned to a date beyond the twenty-four
month period prescribed in those subsections, the order to
be reviewed shall not expire at the end of such period but
shall be extended until an order pursuant to subsection (1) or (2)
has been made.
Notice may
be
dispensed
with
(4) A child who is,
(a) ten or more years of age is entitled to notice under
subsection (1) and where applicable under subsection
(5), unless the court is satisfied that the effect of
the hearing or any part thereof would be injurious to
the emotional health of the child, in which case the
court may direct that the child not be served with the
notice; or
(b) under ten years of age is not entitled to notice under
subection (1) and where applicable under subsection
(5), unless the court decides that the child is entitled to
be present at the hearing under clause 33 (b).
Notice
(5) Subject to subsection (4), where a notice is given to the
society under,
(a) clause (2) (a), the society shall forthwith, upon receipt of
the notice, cause notice of the application to be given
to any foster parent who immediately prior to the
application has been caring for the child on behalf of
the society for more than six months, to the child and to
any other parent of the child; or
Sec. 38 (2) CHILD WELFARE Chap. 66 689
(b) clause (2) (b), the society shall forthwith, upon receipt of
the notice, cause notice of the application to be given to
a parent of the child and to any foster parent who
immediately prior to the application has been caring for
the child on behalf of the society for more than six
months.
(6) Notwithstanding subsections 28 (12) and (14), where CM^ody of
an application is made under this section for a review
of the child's status, the child shall remain in the care and
custody of the society having care and custody of the child
at the time the application was made pending final dis-
position of the application by the court unless cause is
shown why a change in the arrangements for the care and
custody of the child should be made. 1978, c. 85, s. 37 (2-6).
38.— (1) Subject to subsections (3), (4), (S) and (6), where a^P^i^»^*o°
child has been committed as a ward of the Crown, pursuant to an ^^^j^j
order made under paragraph 3 of subsection 30 (1),
(a) a parent of the child after the expiration of six
months from the making of the order of Crown
wardship or from the disposition of any previous
application under this section, whichever is later, and
upon giving notice to a Director and the society
having the care of the child; or
(b) the child, where the child is twelve or more years
of age, after the expiration of six months from the
making of the order of Crown wardship or from
the disposition of any previous application under
this section, whichever is later, and upon giving
notice to the society having the care of the child,
may apply to a court for a review of the child's status,
and, where the court is satisfied that termination is in the
best interests of the child, the court shall, subject to sub-
section (7), order that the Crown wardship be terminated or,
having regard to the best interests of the child, the court may
make such other order under this Part, except an order under
paragraph 2 of subsection 30(1), that the court considers necessary
and the court may include with any order made under this subsec-
tion an order granting or terminating the right of access to the
child pursuant to section 35.
(2) Subject to subsections (3), (4) and (5), where a child i*®""
has been committed as a ward of the Crown, pursuant to
an order made under paragraph 3 of subsection 30 (1), the society
having the care of the child upon giving notice to a Director, any
foster parent who immediately prior to the application has been
690
Chap. 66
CHILD WELFARE
Sec. 38 (2)
caring for the child on behalf of the society for more than six
months, any parent of the child and the child, may, at any time
during the period of the Crown wardship, apply to a court for a
review of the child's status, and, where the court is satisfied that
termination is in the best interests of the child, the court shall,
subject to subsection (7), order that the Crown wardship be
terminated or, having regard to the best interests of the child, the
court may make such other order under this Part, except an order
under paragraph 2 of subsection 30 (1), that the court considers
necessary and the court may include with any order made under
this subsection an order granting or terminating the right of access
to the child pursuant to section 35.
Notice not
required
(3) A notice is not required to be given under subsections (1)
and (2) to a parent of a child where the child has attained the age
of sixteen years.
Notice may (4) A child who is,
be dispensed
with
(a) ten or more years of age is entitled to notice under
subsections (1) and (2) and where applicable under sub-
section (6), unless the court is satisfied that the effect of
the hearing or any part thereof would be injurious to
the emotional health of the child, in which case the
court may direct that the child not be served with the
notice; or
(b) under ten years of age is not entitled to notice under
subsections (1) and (2) and where applicable under sub-
section (6), unless the court decides that the child is
entitled to be present at the hearing under clause 33 (b).
TermiMtion (5) Before making an order under subsection (1) or (2) ter-
minating an order for access to the child made pursuant to section
35, the court shall consider whether the benefit to the child of any
plan proposed for the child, including plans for seeking an adop-.
tion placement for the child, outweighs the benefit to the child of
maintaining the access rights.
Notice
(6) Subject to subsection (4), where a notice is given to the
society under.
(a) clause (1) (a), the society shall, forthwith upon
receipt of the notice, cause notice of the appli-
cation to be given to any foster parent who immedi-
ately prior to the application has been caring for the
Sec. 38 (9) CHILD WELFARE Chap. 66 691
child on behalf of the society for more than six months,
to the child and to any other parent of the child; or
0) clause (1) (b), the society shall forthwith, upon receipt of
the notice, cause notice of the application to be given to
a Director, to a parent of the child and to any foster
parent who immediately prior to the application has
been caring for the child on behalf of the society for
more than six months.
(7) Subject to sections 39 and 42, where a child has been crown
•' wardship to
committed as a ward of the Crown, the order made under para- remain m
effect
graph 3 of subsection 30 (1) shall remain in effect and the Crown
wardship shall, subject to an adoption order being made with
respect to the child under Part III, not be terminated by, reviewed
in or otherwise brought before the court and an order of access to
the child shall not be made or applied for where the child has been
placed for the purpose of adoption in the home of a person who has
been approved by a society or by a Director as a suitable person to
adopt the child and while the child is residing in that person's
home.
(8) The placement for the. purpose of adoption of the child ^j^^gj^ent
referred to in subsection (7) shall not be made until any appeal for adoption
may be
under section 43, from, made
(a) the decision granting an order of Crown wardship; or
(6) any decision granting or refusing an order under sub-
section (1) or (2),
has finally been disposed of, or until,
(c) the period of time for commencing an appeal under
section 43 from a decision referred to under clause (a) or
(b) has expired; or
(d) any outstanding order of access to the child under this
Act has been terminated,
whichever is the later.
(9) Notwithstanding subsections 28 (12) and (14), where anCn^^of
application is made under this section for a review of the child's
status, the child shall remain in the care and custody of the
society having care and custody of the child at the time the
application was made pending final disposition of the application
by the court unless cause is shown why a change in the arrange-
692
Chap. 66
CHILD WELFARE
Sec. 38 (9)
ments for the care and custody of the child should be
made. 1978, c. 85, s. 38.
Review
by
Director
39. A Director or any person authorized by the Director
shall, during each calendar year, review the status of each child
who during that calendar year and, in the absence of any further
order by the court has been or will continue to be a Crown ward
for a continuous period of twenty-four months from the date of
the order of Crown wardship or from the last review under this
subsection, whichever is later, and the Director may after any
such review direct the society having care of the child to make an
application pursuant to subsection 38 (2) to a court for a review
of the child's status. 1978, c. 85, s. 39, revised.
Duties re
Crown wards
40. — (1) The Crown has and shall assume all the rights
and responsibilities of a legal guardian of each child who is
made a ward of the Crown for the purpose of the child's care,
custody and control, and the powers, duties and obligations
of the Crown in respect of the child other than the powers,
duties and obligations assigned to a Director by this Act
shall be exercised and discharged by the society having the
care of the child.
cro^^waM (^^ ^ Director may direct that a Crown ward be trans-
ferred to the care of any other society or institution
designated by the Director. 1978, c. 85, s. 40.
Society
to be
legal
guardian
41. Each society has and shall assume all the rights and
responsibilities of a legal guardian of every child who is
committed as a ward of the society for the purpose of their
care, custody and control. 1978, c. 85, s. 41.
Expiration
of
wardship
42. Every order under this Part shall be deemed to expire
with the marriage of the child who is the subject of the order
or when the child attains the age of eighteen years, but where
a wardship expires as a result of a Crown ward attaining the
age of eighteen years, a society may, with the approval of a
Director, continue to provide care and maintenance for the
former Crown ward if the former Crown ward.
(a) is enrolled as a full-time student at an educational
institution; or
(6) is mentally or physically incapacitated,
for any period of time after the expiration of the wardship
that does not extend beyond the date when the former
Crown ward attains the age of twenty-one years. 1978, c. 85,
s. 42.
Sec. 43 (4) CHILD WELFARE Chap. 66 693
43. — (1) A decision granting or refusing an order of a court AppMjto
under this Part except a decision made under subsection 29 (1) in court
respect of a child may be appealed to the county or district court
of the county or district in which the decision was made by,
{a) a parent or other person in whose charge the child
may have been at the time of the child's appre-
hension ;
(6) a Director or local director; or
(c) a next friend on behalf of the child.
(2) Execution of the decision being appealed shall be stayed J25^°°
for ten days next following the service of the notice of
appeal upon the court that made the decision being appealed,
and, where the child is in the custody of the society at the
time the decision being appealed is made, the child shall
remain in the care and custody of the society,
(«) during the ten days that execution of the decision
is stayed ; or
{b) until the county or district court of the county or
district in which the decision was made makes an
order for temporary care and custody of the child
pursuant to subsection (4),
whichever is earlier.
(3) Notwithstanding subsection (2), where the decision being Smain with
appealed authorizes the child to remain in the care and custody society
of the society, the child shall, subject to subsection (4), remain
in the care and custody of the society after the period of
ten days referred to in subsection (2), pending final disposition
of the appeal.
(4) Where the county or district court of the county or J^^^P^f^
district in which the decision being appealed was made is court
satisfied that an order for care and custody of the child is in
the best interests of the child, the county or district court may
make such order for the temporary care and custody of the
child that the county or district court considers advisable
pending final disposition of any appeal made under this
section, except an order placing the child in a training school
established under the Training Schools Act or placing theRS^o^''^-
child in an observation and detention home established or desig-
nated under the Provincial Courts Act that has not been
designated under this Act as a place of safety, and the county
or district court may, upon application by any party before
the final disposition of the appeal and where the county or
district court is satisfied that it is in the best interests of the
694
Chap. 66
CHILD WELFARE
Sec. 43 (4)
child, vary or terminate the order or make a further such
order.
Extension
of
limitation
period
temporary (^) Where, pursuant to the final disposition of the appeal,
wardBhip the child is committed as a ward of the society, any period
of temporary care and custody ordered under subsection (4)
shall be included in determining the twenty-four month
period prescribed in subsection 37 (1) or (2).
(6) Notwithstanding subsection (5) and subsections 37(1) and
(2), where on an appeal under this section from a decision grant-
ing an order under paragraph 2 of subsection 30 ( 1) or an order for
the renewal or termination of an order under that paragraph, the
final disposition of the appeal extends beyond the twenty-four
month period prescribed in subsection 37 (1) or (2), the order being
appealed shall not expire at the end of such period but shall be
extended until a final disposition is made of the appeal.
E^eo^ionof (7) No extension of the time for the commencement of
appeal the appeal shall be granted after the child has been placed
for adoption.
(8) On the hearing of the appeal and with leave of the
county or district court hearing the appeal, further evidence
relating to matters both preceding and subsequent to the
making of the decision being appealed, may be received by
affidavit, oral examination or as may be directed by the county
or district court. 1978, c. 85, s. 43.
44. — (1) Subject to subsection (2), for the purposes of this
section, a child shall be deemed to have the same religious
faith as the child's father unless it is shown that an agree-
ment has been entered into in writing, signed by the child's
parents, that the child be brought up in the same religious
faith as the child's mother.
(2) For the purposes of this section, a child born outside
marriage shall be deemed to have the religious faith of the
child's mother.
New
evidence
Pre-
sumption
as to
religious
faith
Child
born
outside
marriage
Where
established
faith not
that of
parent
Religious
faith of
child
(3) Where a child is being raised in a reUgious faith other
than the child's rehgious faith as determined under subsec-
tion (1) or (2) or where the child's religious faith cannot be
readily determined under subsection (1) or (2), the court may
determine the child to have such religious faith, if any, for
the purposes of this section, as the court considers proper in
the circumstances.
(4) A Protestant child shall not be committed under this
Part to the care of a Roman Catholic society or institution
and a Roman Catholic child shall not be committed under
this Part to a Protestant society or institution, and a
Sec. 45 (3) CHILD WELFARE Chap. 66 695
Protestant child shall not be placed in a foster home with a
Roman Catholic family and a Roman Catholic child shall not
bp placed in a foster home with a Protestant family, and,
where a child committed under this Part is other than
Protestant or Roman Catholic, the child shall be placed where
practicable with a family of the child's own religious faith,
if any.
(5) Subsection (4) does not apply to the commitment of a where
/ . . .... 1-11 only one
child to the care of a society in a municipality in which there society
is only one society.
(6) Where a society, Application
* ' -' ' to waive
(a) is unable to place a child in a suitable foster home
within a reasonable time because of the operation
of subsections (1) to (4); and
(b) would be able to place the child in a suitable foster
home but for the operation of subsections (1) to (4),
the society or a Director may apply to the court who may order
that subsection (4) does not apply to the child in respect of the
placement.
(7) Notwithstanding anything in this section, the court SJ^jJI
may have regard to the wishes of the child in determining to be
what order ought to be made as to the child's rehgious faith.
1978, c. 85, s. 44.
45.— (1) A child who is a ward of the Crown or of a socj^p^iy ^^
society may be placed by the society for any period of time ward
in a foster home or other suitable place according to the
needs of the child and the society shall ensure that the child
so placed receives an education in accordance with the laws
of Ontario and in keeping with the child's intellectual
capacity and that provision is made for the child's occupa-
tional training and total development such as a good parent
would provide for his or her own child.
(2) A child who is a ward of the Crown or of a society and 5?^^°^*^
who has been placed in a foster home or other suitable place of society
may at any time be removed by the society when, in the
opinion of a Director or the local director, the welfare of
the child so requires.
(3) Where a child who is a ward of the Crown is placed ^dopwon
in a foster home and, in the opinion of the local director
with the approval of a Director, it is in the best interests
of the child to place the child for adoption, the foster parents
shall not be denied the opportunity of making application
to adopt the child if they so desire. 1978, c. 85, s. 45.
696
Chap. 66
CHILD WELFARE
Sec. 46
Inter-
ference
with wards,
etc.
Interpre-
tation
46. No person shall,
(a) induce or attempt to induce a child to leave the
care of a f)erson or persons with whom the child is
lawfully placed; or
(b) detain or harbour a child who is lawfully in the
care of a person or persons, after a demand is made
by a person authorized to require the child to be
delivered up; or
(c) subject to section 35, visit, write to, telephone to,
communicate with, remove or attempt to remove
from any place, or otherwise interfere with a child
who is in the lawful care or custody of a society; or
(d) subject to section 35, visit, write to, telephone to
or communicate with, for the purpose of interfering
with the child, a foster parent of a child where the
child is in the lawful care or custody of a society,
without the consent in writing of the society having the care,
custody or supervision of the child. 1978, c. 85, s. 46.
47. — (1) For the purposes of this section and sections
49, 50, 51 and 52, "abuse" means a condition of,
{a) physical harm;
{b) malnutrition or mental ill-health of a degree that if
not immediately remedied could seriously impair
growth and development or result in permanent
injury or death; or
(c) sexual molestation.
Desertion. (2) No person having the care, custody, control or charge
of child ■' of a child shall abandon or desert the child or inflict abuse
upon the child or permit the child to suffer abuse.
Further
proceedings
as to child
(3) A court may, in connection with any case arising under
subsection (2), hold a hearing in respect of any child con-
cerned and may proceed as though the child had been
brought before the court as a child apparently in need of
protection. 1978, c. 85, s. 47.
Leaving
child
48. — (1) No person having the care, custody, control
or charge of a child shall leave the child without making
reasonable provision, in the circumstances, for the super-
vision, care or safety of the child.
Sec. 50 (1) ib) CHILD WELFARE Chap. 66 697
(2) A court may in connection with any case arising Further
DFOC66Qll!lff8
under subsection (1) hold a hearing in respect of any child »« to chiiT
concerned and may proceed as though the child had been
brought before the court as a child apparently in need of
protection.
(3) -Where a person is charged with contravening sub- Onus
section (1), the onus of establishing that reasonable provision
was made in the circumstances for the supervision, care
or safety of the child where the child is under the age of ten
years, rests with the person charged. 1978, c. 85, s. 48.
40. — (1) Every person who has information of the aban- Reporting
donment, desertion or need for protection of a child or the ofcwid
infliction of abuse upon a child shall forthwith report the
information to a society.
(2) Notwithstanding the provisions of any other Act, every pr'J^^fl^'onai
person who has reasonable grounds to suspect in the course to report
of the person's professional or official duties that a child has
suffered or is suffering from abuse that may have been caused
or permitted by a person who has or has had charge of the
child shall forthwith report the suspected abuse to a society.
(3) This section applies notwithstanding that the informa- ^'ijgf^ll^
tion reported is confidential or privileged and no action for
making the report shall be instituted against any person who
reports the information to a society in accordance with sub-
section (1) or (2) unless the giving of the information is done
maliciously or without reasonable grounds to suspect that
the information is true.
(4) Nothing in this section shall abrogate any privilege soHci tor and
that may exist between a solicitor and the sohcitor's client, priviiegre
1978, c. 85, s. 49.
50.— (1) Subject to the provisions of subsection (4) with f/Zo^^^jJ^^^
respect to section 29 of the Mental Health Act and not- rs.o. i980,
withstanding the provisions of any other Act, where the ^ ^^
applicant satisfies the court,
{a) that there are reasonable and probable grounds to
beheve that there are records, writings or documents
at any place that are relevant to an investigation
to determine whether abuse has been or is likely to
be inflicted on a child; and
(6) that a request by a Director, a local director of a
society or a person authorized by the Director or
by the local director to inspect such records.
698
Chap. 66
CHILD WELFARE
Sec. 50(1) (6)
Non-
disclosure
of records,
etc.
writings or documents has been refused by the
custodian of the records, writings or documents,
the court upon appHcation by the Director or the society,
as the case may be, and upon notice of the appHcation being
given to the custodian of the records, writings or documents,
may, subject to subsection (2), make an order for the production
by the custodian thereof of any of the records, writings or
documents or any part or parts thereof that the court
considers are relevant to an investigation to determine
whether the abuse has been or is Hkely to be inflicted on the
child, to the Director or the local director or person author-
ized by the Director or the local director, as the case may be,
and the Director, local director or the person may inspect
and extract information from such records, writings or
documents or part or parts thereof that are designated in the
order and reproduce such copies therefrom as the Director,
local director or the person, as the case may be, considers
necessary.
(2) The records, writings or documents or any part or
parts thereof that are produced or disclosed to the court
in the course of a hearing held to determine whether an order
should be made under subsection (1) for the production of the
records, writings or documents or any part or parts thereof,
shall not be disclosed to any person except pursuant to and
in accordance with any order made following the hearing under
subsection (1).
Idem
(3) No person who obtains information pursuant to an
order made under subsection (1) shall disclose or transmit or
permit the disclosure or transmission of the information
except for the purpose of the investigation to determine
whether the child is in need of protection or for giving evi-
dence in proceedings under this Part.
Matters
to be
considered
by court
R.S.O. 1980.
c. 262
(4) In determining whether to make an order under sub-
section (1) for the production of a clinical record within the
meaning of section 29 of the Mental Health Act, the court shall
give equal consideration to the matters to be considered under
subsection 29 (7) of that Act and the health and safety of the
child. 1978, c. 85, s. 50.
Action for
recovery on
behalf of
child
51. Where the Official Guardian, or in the case of a
child in the care of a society under paragraph 2 or 3 of subsection
30 ( 1), the society is of the opinion that a child has a cause of action
against a person or persons or other right of recovery by reason of
the infliction of abuse upon the child and that the institution of
proceedings to recover damages or other compensation would be
in the best interests of the child, the Official Guardian or the
Sec. 52 (5) CHILD WELFARE Chap. 66 699
society, as the case may be, may institute and conduct such
proceedings on behalf of the child in respect of the abuse suffered
by the child. 1978, c. 85, s. 51.
52. — (1) In this section,
Interpre-
tation
{a) "Director" means an employee of the Ministry
appointed by the Minister for the purposes of this
section ;
(6) "registered person" means a person named in or
otherwise identifiable from the register established
under subsection (3), but does not include the person or
persons making the report to a society pursuant to sub-
section 49 (1) or (2) who are not themselves the subject
of the report.
(2) Every society that receives information under section ^*^®*y
49 concerning the abuse of a child, including a child in the information
care of a society, shall forthwith, after the information is abuse °*
verified in the manner determined by the Director, report
the information to the Director in the prescribed form, and
no action or other proceeding for damages shall be instituted
against any officer or employee of a society for any act done
in good faith in the execution or intended execution of any
duty imposed on the society under this subsection or for any
alleged neglect or default in good faith of such duty.
(3) The Director shall maintain a register in the manner Resrister
prescribed by the regulations for the purpKJse of recording
information received by societies under section 49 concerning
the abuse of children, but the register shall not contain any
information that has the effect of identifying the person or
persons making the report to a society pursuant to sub-
section 49 (1) or (2) unless such person or persons are themselves
the subject of the report.
(4) Subject to subsections (5) to (10) and notwithstanding J^^;^^'^
the provisions of any other Act, no person shall inspect,
remove, disclose, transmit or alter or permit the insp)ection,
removal, disclosure, transmission or alteration of information
maintained in the register established under subsection (3).
(5) A coroner, a legally qualified medical practitioner or^<^P"°°*
police officer authorized in writing and directed by a coroner
for the purposes of an investigation or inquest under
the Coroners Act and the Official Guardian or a person R sx) i98o.
duly authorized as the agent of the Official Guardian may
inspect or remove the information maintained in the register
established under subsection (3) and may disclose or transmit
700 Chap. 66 CHILD WELFARE Sec. 52 (5)
that information only in accordance with the authority
vested in the person and in the case of the Official Guardian
or his duly authorized agent only for the purposes of section
51.
^^^^ (6) The Director and the following persons with the
approval of the Director, and subject to such terms and
conditions as the Director may impose, may inspect or
remove or permit the inspection or removal of the informa-
tion maintained in the register and may disclose or transmit
or permit the disclosure or transmission of that information
to any person referred to in subsection (5) or to any other person
referred to in this subsection:
1 . A person who is on the staff of,
i. the Ministry,
ii. a society, or
iii. a child protection agency recognized by a
jurisdiction outside Ontario.
2. A person who is or may be providing services or
treatment to a registered person.
^^^^ (7) A person who has the written approval of the Director
and who is engaged in bona fide research may inspect the
information referred to in subsection (4) but shall not use or
communicate the information for a purpose other than
research, academic pursuits or the compilation of statistical
data and shall not communicate any information that has
the effect of identifying any person named in the register.
^^^^ (8) A registered person or the registered person's agent
may inspect the information maintained in the register, but
shall not inspect information that refers to persons other
than the registered person.
^^^^ (9) A legally qualified medical practitioner who is ap-
proved by the Director may inspect information referred to
in subsection (4) that is approved by the Director.
i'^®™ (10) The Director or a person approved by the Director
who is on the staff of the Ministry may expunge a name
from the register or otherwise amend the register pursuant
to a decision of the Director or as prescribed by the regu-
lations.
in^miMibie ^^^^ ^^^ register established under subsection (3) is inadmis-
sible in evidence for any purpose in any proceedings, except,
Sec. 52 (17) CHILD WELFARE Chap. 66 701
(a) to prove compliance or non-compliance with any of
the provisions of this section;
ib) in an appeal made under subsection (19);
(c) in proceedings under the Coroners Act; or R.s.o. i98o.
c. 93
(i) in proceedings referred to in section 51.
(12) Where an entry is made in the register, the Director Notice
shall forthwith cause notice to be given ih writing to each
registered p>erson included in the entry who is alleged or
suspected to have inflicted abuse upon a child,
(a) that the person's name has been recorded in the
register or that the person is otherwise identifiable
from the register ;
{b) that the person or the person's agent is entitled to
inspect the information in the register that refers
to or identifies the person; and
(c) that the jjerson is entitled to request the Director
to expunge the person's name from the register or to
have the register otherwise amended.
(13) A person to whom a notice is given under subsec- ^^^^
tion (12) may request the Director to expunge from the hearing
register the registered person's name referred to in the notice
or to otherwise amend the register.
(14) Where the Director receives a request under subsec- Hearing
tion (13), the Director shall hold a hearing before deciding to
refuse the request to expunge the registered person's name
from the register or to refuse the request to otherwise amend
the register, and the provisions of the Statutory Powers P^o-^^^^ ^'*°'
cedure Act apply, with necessary modifications, to the hearing.
(15) A registered person to whom notice is given under sub- Parties
section (12), the society that received the information concerning
the registered person under subsection 49 (1) or (2) and such other
persons as the Director may specify are parties to the hearing.
(16) The Director shall cause notice of the hearing to be Notice
given to the parties to the hearing at least ten days before
the hearing is held.
(17) Where the Director, after holding a hearing, deter- ^ision
mines that the information in the register with respect to a Director
702 Chap. 66 child welfare Sec. 52 (17)
registered person should not be in the register or that the
information is in error, the Director shall, subject to sub-
sections (19) and (20), cause the registered person's name to be
expunged from the register or otherwise cause the register to
be amended, as the case may be, and the Director may order
that a society's records be amended to reflect the Director's
decision.
authoHty°°^ (18) The Director may authorize any other person to hold
hearin * ^ hearing required under subsection (14) and where such person
is authorized by the Director to hold the hearing, the person
shall exercise the powers and duties of the Director under
subsections (14) to (17).
Appeal (19) Any person who is a party to the hearing may appeal
the decision made pursuant to subsection (17) to the Divisional
Court.
Sfvisiomii^ (20) The Divisional Court may affirm the decision appealed
Court from or may rescind the decision and refer the matter back
to the Director or the person authorized by the Director under
subsection (18), as the case may be, to be disposed of in
accordance with such directions as the Divisional Court
considers proper under this section, and the Director or the
person authorized by the Director shall give effect to any
direction given by the Divisional Court under this subsection.
pnjceedings ^^^^ ^^^ record of proceedings in any hearing held under
tnadm^iisfbie ^"^^^^^^o" (^4) or in any appeal under subsections (19) and (20)
is inadmissible in evidence in any other proceeding for any
purpose except proceedings under clause 94 (1) (c) and subclause
94 (1) (/) (iv). 1978, c. 85, s. 52.
Causing: 53.— (1) No person shall,
to beg,
perform. (^^ causc or procure a child to be in any place to
which the public has access for the purpose of
begging or receiving charity or of inducing the giving
of charity whether under the pretence of singing,
playing, performing, offering anything for sale or
otherwise; or
(b) subject to subsection (2), cause or procure a child
to be in any place to which the public has access
for the purpose of singing, playing or performing
for profit or oifering anything for sale between
9 o'clock in the afternoon of any day and 6 o'clock
in the morning of the following day; or
(c) subject to subsection (2), cause or procure a child
to be at any time for the purpose of singing, play-
Sec. 54 (3) CHILD WELFARE Chap. 66 703
ing or performing for profit or offering anything
for sale in any circus, theatre or other place of public
entertainment to which the public is admitted by
payment.
(2) In the case of an entertainment or series of entertain- Licence for
^ ' , 1 • ,1- ,1- child to
ments to take place m premises used for public entertamment perform in
or in a circus, theatre or other place of public amusement, ^"
where it is shown that provision has been made to ensure
the health and proper treatment of a child proposed to be
employed thereat, the head of the council of the municipality
where the entertainment is to take place may, with the
approval of a society having jurisdiction where the enter-
tainment is to take place, grant a licence for such time and
during such hours of the day and subject to such restrictions
and conditions as the head of the council thinks fit for any
child who in the opinion of the head of the council is a fit
and proper person to take part in such entertainment or
series of entertainments, and the licence may at any time
be varied, added to or revoked by the head of the council
with the approval of the society.
(3) The head of the council may assign to the chief of ^^%^^
police of the municipality or to some other person the duty licence
of ensuring that the restrictions and conditions of any licence
granted under subsection (2) are duly complied with, and the
chief of police or such person, as the case may be, may
enter, inspect and examine any place at which the employ-
ment ofa child is for the time being licensed. 1978, c. 85, s. 53.
54.— (1) Subject to subsection 53 (2), no person under sixteen |l^"eenf?**®'"
years of age shall engage in any trade or occupation in a place to public place
which the public has access between the hours of 9 o'clock in the
afternoon and 6 o'clock in the morning of the following day.
(2) No f)erson under sixteen years of age shall loiter in any ^®5|°°
place to which the public has access between the hours of f^^^|®^
10 o'clock in the afternoon and 6 o'clock in the morning of g^'^*'"^
the following day or be in any place of public resort or at night
entertainment during such hours unless accompanied by the
person's parent or an adult appointed by the parent or in
the case of a child in the lawful care or custody of a society,
an adult appointed by the society to accompany that
person.
(3) A person found contravening any provision of this section warning
may be warned by a pohce officer, and, if the warning is not
regarded or if, after the warning, the person is again found con-
704
Chap. 66
CHILD WELFARE
Sec. 54 (3)
travening any provision of this section, the person may be taken
by the poUce officer to the person's home or to a place of
safety and where the person is taken to a place of safety,
the person shall be brought before a court as if the person
had been apprehended pursuant to section 21 or 22. 1978, c. 85,
s. 54.
Presumption
as to
age of
child
56. Where a person is charged with an offence under
this Part in respect of a child who is alleged to be under a
specified age and the child appears to the court to be under
that age, the child shall for the purposes of this Part be.
deemed to be under that age unless the contrary is proved.
1978, c. 85, s. 55.
Separate
§lace of
etentlon
66. — (1) A child who is charged with an offence or
brought before a court under this Part shall not, before the
child's trial or hearing, be confined in a place used for
persons charged with crime.
Idem
(2) Provision shall be made for the separate detention of
every such child prior to the child's trial or hearing by
arrangement with a person or society willing to undertake
the responsibility of such detention on such terms as are
agreed upon, or by providing suitable premises entirely
distinct and separated from the ordinary lock-up or correc-
tional institution.
Idem (3) A child lawfully in custody shall not be placed or allowed to
remain in the company of adult prisoners. 1978, c. 85, s. 56.
Place of
hearing
Exclusion
of
persons
from
hearing
67. — (1) Where a hearing is held under this Part, except
a hearing under section 52, whether upon an application or
by way of trial or appeal, the hearing shall be held in
premises maintained specifically for the purpose or in the
private office of the judicial officer holding the hearing or in
other suitable premises, but the hearing shall not be held in
premises ordinarily used for hearings in criminal proceedings.
(2) Where a hearing is held under this Part, whether
upon an application or by way of trial or appeal, all persons
shall be excluded from the hearing unless the judicial officer
holding the hearing having regard to,
(a) the wishes and interests of the parties ; and
(b) whether or not the presence of others at the hearing
would be injurious to the emotional health of any
child who is present at the hearing.
otherwise directs.
Sec. 57 (7) (a) child welfare Chap. 66 70S
(3) Notwithstanding subsection (2), idem
(a) a person acting as prosecutor in the proceedings and
an agent of the Attorney General and of a Director ;
and
(b) subject to section 33, a child who is a party to the
proceedings, the child's parents, a representative of
a society, a person acting on behalf of the child,
a person acting on behalf of the society, a person
acting on behalf of the child's parents and any other
person entitled to notice of the hearing,
may be present at a hearing held under this Part.
(4) Notwithstanding subsection (2) and subject to subsec- m«™
tion (5), representatives of the press, radio and television media
not exceeding two in number as agreed upon by all such
representatives who present themselves, may be present at a
hearing under this Part, except a hearing under section 52,
but the judicial officer holding the hearing may exclude any
or all such representatives from all or any part of the hearing
or may prohibit the reporting of all or any part of the case
by such representatives who are present at the hearing where
the judicial officer is of the opinion that the presence "bf the
representative or representatives, as the case may be, at the
hearing or the reporting would be injurious to the emotional
health of any child before the court and the judicial officer
shall give reasons for the exclusion.
(5) Where the representatives referred to in subsection (4) i*®™
who are entitled to be present at the hearing are unable to
agree as to who shall be present at the hearing, the judicial
officer holding the hearing may designate those representatives
who are entitled to be present.
(6) The presence at the hearing of more than two repre- ^<*®™
sentatives of the press, radio or television media may be
allowed by the judicial officer holding the hearing.
(7) Where a hearing is held under this Part, whether upon Publication
an application or by way of a trial or apjjeal, no person shall
publish or make public in respect of the proceedings any
information that has the effect of identifying,
(a) any child or a parent or foster parent of the child
or a member of the child's family present at the
proceedings whether as a party, witness or other-
wise; and
706
Chap. 66
CHILD WELFARE
Sec. 57 (7) (6)
Effect of
order of
court in
other
jurisdiction
(b) any person charged with an offence in the proceedings.
1978, c. 85, s. 57.
58. Where, an order or orders are made by a court of com-
petent jurisdiction in any other province or territory of
Canada or in any other state or country or part thereof that
is prescribed in the regulations and such order or orders do
not effect an adoption of the child according to the law of
the jurisdiction where the order or orders were made, but
the rights and responsibilities of guardianship in respect of a
child have been legally vested by such order or orders in any
person, organization, province, state or country or a legal
representative of any of them, the order or orders so made
shall for all purposes in Ontario have the same force and
effect as if made under this Act. 1978, c. 85, s. 58.
Interpre-
tation
R.S.O. 1980,
c. 95
PART III
ADOPTION
59.— (1) In this Part and Part IV,
(a) "adoption agency" means a corporation without
share capital having objects of a charitable nature,
(i) to which Part III of the Corporations Act
applies, or
(ii) that is incorporated under a general or
special Act of the ParUament of Canada,
and that places children under eighteen years of
age for adoption and includes a society ;
(6) "hcence" means a licence issued under this Act;
(c) "relative of the child" means a grandparent, uncle
or aunt of the child, whether the relationship is of
whole blood, half blood or by marriage, and
notwithstanding that the relationship is traced
through or to a person born outside marriage or
that the relationship depends on the adoption of any
person.
Idem
(2) In this Part, "child" means a person whether under eighteen
years of age or eighteen or more years of age. 1978, c. 85, s. 59.
Licence
required
60. — (1) No person other than a society shall estabhsh,
operate or maintain an adoption agency except under the
authority of a hcence issued by a Director under this Act.
Sec. 61 (1) (a) child welfare Chap. 66 707
(2) Subject to section 61, any person who is a corporation fiance
without share capital having objects of a charitable nature, licence
(fl) to which Part III of the Corporations Act applies; or R so. i98o.
c. 95
(b) that is incorporated under a general or special Act
of the Parliament of Canada,
and who applies in accordance with this Act and the regu-
lations for a licence to establish, operate or maintain an
adoption agency and pays the prescribed fee is entitled to be
issued a licence by a Director subject to such terms and
conditions as the Director may prescribe.
(3) Subject to section 61, a Director shall renew a licence ^newai
of an adoption agency on application therefor by the licence
licensee in accordance with this Act and the regulations and
payment of the prescribed fee, and the renewal shall be
subject to such terms and conditions as the Director may
prescribe.
(4) Subject to section 61, where an applicant under p^o^^«io°»i
subsection (2) or (3), as the case may be, for a licence or a
renewal of a licence does not meet all the requirements for
the issuance of a licence or renewal thereof and requires
time to meet such requirements, a Director may, subject
to such terms and conditions as the Director may prescribe,
issue a provisional Ucence for such period or periods as the
Director considers necessary to afford the applicant an
opportunity to meet the requirements.
(5) The Director may, subject to such terms and con- {^^^^^^
ditions as the Director may prescribe, issue a licence to a ^er than
person other than an adoption agency for the placement of a agency
child under eighteen years of age with another person for the
purpose of adoption.
(6) A licence is not transferable. S^Mferabie
(7) A Ucensee that is a corporation shall notify a Director JKJ^°'
in writing within fifteen days of any change in the officers or
directors of the corporation. 1978, c. 85, s. 60.
ei.— (1) Subject to section 62, a Director may refuse tof^'^<^
issue a licence where in the Director's opinion, refusal
(a) any of the officers, directors or employees of the
applicant are not competent to place children under
eighteen years of age for adoption in a responsible
708 Chap. 66 CHILD WELFARE Sec. 61 (1) (fl)
manner in accordance with this Act and the regu-
lations;
(b) an applicant for a licence under subsection 60 (5) who is
not a corporation or any employee of the applicant is
not competent to place a child under eighteen years of
age for adoption in a responsible manner in accordance
with this Act and the regulations; or
(c) the past conduct of any of the officers, directors
or employees of the applicant affords reasonable
grounds for belief that any of them will not operate
an adoption agency in accordance with this Act and
the regulations.
?r*refu*ai°° (^^ Subject to section 62, a Director may refuse to
to renew renew or may revoke a licence issued to an adoption agency
or to a person referred to in subsection 60 (S) where in the
Director's opinion,
(a) any officer, director or employee of the licensee
has contravened or has knowingly permitted any
person under the control or direction of or associated
with the officer, director or employee, as the case
may be, to contravene,
(i) any provision of this Act or the regulations,
or
(ii) any term or condition of the licence ;
(b) the licensee under subsection 60 (5) who is not a
corporation, or any employee of the licensee has
contravened or knowingly permitted any person under
the control or direction of or associated with the
employee, as the case may be, to contravene,
(i) any provision of this Act or the regulations, or
(ii) any term or condition of the licence ;
(c) any person has made a false statement in the
application for the licence or renewal thereof,
or in any report, document or other information
required to be furnished by this Act or the regu-
lations or by any other Act or regulation that
applies to the adoption agency or the licensee under
subsection 60 (5), as the case may be;
(d) where the applicant is a corporation, a change in
the officers or directors of the applicant would, if
Sec. 62 (6) CHILD WELFARE Chap. 66 709
the applicant were applying for the licence in the
first instance, afford grounds for refusing to issue a
licence under clause (1) (c); or
(«) the adoption agency is operated in a manner that
is prejudicial to the health, safety or welfare of
the children being placed by the adoption agency for
adoption. 1978, c. 85, s. 61.
62. — (1) In this section and in sections 63 and 65, [StfoS'^
"Board" means the Children's Services Review Board estab-
lished under the Children's Residential Services Act. R.s.o. i980,
c. 71
(2) Where a licensee is dissatisfied with the terms and con- Heartng
ditions prescribed by a Director under subsection 60 (2), (3), (4) or
(5), the licensee may, within fifteen days after the licence is
received by the licensee by written notice given to the Director
and to the Board, require a hearing by the Board and the Board
shall appoint a time for and shall hold a hearing.
(3) The Board, pursuant to a hearing under subsection (2), ^^^™*^
may affirm the terms and conditions prescribed by a Director *^l^ti^^
under subsection 60 (2), (3), (4) or (5) or may cancel such terms
and conditions or may prescribe such other terms and conditions
in lieu of those prescribed by the Director as it considers proper.
(4) For the purposes of subsection (2), a licence shall beJJ^^^*°^
deemed to be received by a licensee on the tenth day after
the day of mailing of the licence unless the pjerson to whom
the licence is issued establishes that the person did not
receive it or did not, acting in good faith, through absence,
accident, illness or other cause beyond the person's control,
receive the licence until a later date.
(5) Where a Director proposes to refuse to issue a ^^^'^^ °/
,. - ■ ^ , r 1 proposal
licence under section 61 or to refuse to renew or revoke a to refuse
licence issued under that section, the Director shall cause ^°^"*'
notice to be served of the Director's proposal, together with revoke
written reasons therefor, on the applicant or the licensee, as
the case may be.
(6) A notice under subsection (5) shall inform the applicant Notice
or licensee, as the case may be, that the applicant or hearing
licensee is entitled to a hearing by the Board if the applicant
or hcensee mails or delivers, within fifteen daj^ after the
notice is served on the applicant or licensee, notice in
writing to the Director and to the Board requiring a hearing,
and the applicant or licensee, as the case may be, may so
require such a hearing.
710
Chap. 66
CHILD WELFARE
Sec. 62 (7)
DirecU)?^ (7) Where an applicant or licensee does not require a
where no hearing by the Board in accordance with subsection (6), the
Director may carry out the proposal stated in the Director's
notice under subsection (5) without a hearing.
Continuation /g\ Where, within the time prescribed therefor or, if no
of licence ^ ' . ., , , , • • /■ i- i-
time is prescribed, before expiration of a licence, a licensee
has applied for renewal of a licence and paid the pre-
scribed fee, the licence shall be deemed to continue.
(a) until the renewal is granted ; or
{b) where the licensee is served with notice that the
Director proposes to refuse to grant the renewal,
until the time for requiring a hearing has expired
and, where a hearing is required, until the Board
has made its decision. 1978, c. 85, s. 62.
Application
R.S.O. 1980,
c. 71
08. Sections 6, 8, 10, and 11 of the Children's Residential
Services Act apply with necessary modifications to a notice under
subsection 62 (2) or (5), to proceedings before the Board and to
the powers of the Board under section 62 and to appeals there-
from. 1978, c. 85, s. 63.
Suspension
of licence
64. Notwithstanding section 62, a Director may, by causing
notice to be served on an adoption agency or a licensee under
subsection 60 (5), as the case may be, and without a hearing,
provisionally suspend the licence of the adoption agency or the
licensee where, in the opinion of the Director, the operation of
the adoption agency or the licensee is an immediate threat to the
health, safety or welfare of the children or child placed or to be
placed by the adoption agency or the licensee, as the case may be,
for adoption and the Director so states in such notice giving
reasons therefor, and, upon suspension, the provisions of sections
62 and 63 apply as if the notice given under this section were a
notice of a proposal under subsection 62 (2) to revoke the
licence. 1978, c. 85, s. 64.
65. — (1) No person other than an adoption agency or licensee
Child to be
filaced by
icensee under subsection 60 (5) shall.
(a) place or cause to be placed a child under eighteen
years of age with another person ; or
(&) take or send or attempt to take or send any child
under eighteen years of age who is a resident of
or who was bom in Ontario, out of Ontario,
for the purpose of adoption.
Sec. 65 (7) CHILD WELFARE Chap. 66 711
(2) No person shall receive a child under eighteen years of Approval of
', r , • -1 1 • ./• Director
age for the purpose of adoption without the pnor approval of required
a Director under subsection (7).
(3) Everv' adoption agency or licensee under subsection 60 (5) Sf^'to'**
that proposes, ^
(a) to place a child under eighteen years of age ; or
(b) to take or send a child under eighteen years of age
who is a resident of or was bom in Ontario, out of
Ontario to be placed,
for the purpose of adoption, shall in advance of the place-
ment notify a Director of the proposed placement.
(4) Subsections (1), (2) and (3) do not apply to, Application
{a) the placement of a child with a relative of the child
or with the spouse of a parent of the child; or
(6) the taking or sending of a child out of Ontario,
(i) by a parent of the child for adoption by the
spouse of the parent of the child, or
(ii) for placement of the child with a relative of
the child for the purpose of adoption.
(5) Subsections (2) and (3) do not apply to the placement of a wem
child by a society.
(6) The Director shall forthwith after receiving a notice Homestudy
under subsection (3) obtain a report of a homestudy made
by a person who, in the opinion of the Director or local
director of a society, is qualified to make the homestudy
of the person proposing to adopt the child.
(7) The Director shall forthwith, after receiving the report gj^{;^°°'
of the results of the homestudy, approve the proposed etc.
placement for adoption or notify the adoption agency or the
licensee under subsection 60 (5), as the case may be, and the
person proposing to adopt the child of the Director's proposal to
refuse approval of the placement and that the adoption agency or
licensee and the person proposing to adopt the child are entitled
to a hearing before the Board and the provisions of sections 6, 8,
10 and 11 of the Children's Residential Seri'ices Act shall apply R so. i980.
with necessarv' modifications to a notice under this subsection to
proceedings before the Board and to powers of the Board.
712
Chap. 66
CHILD WELFARE
Sec. 65 (8)
Supervision
of placement
by society
(8) Where the Director approves the proposed placement
for adoption under subsection (7), the Director may direct a
society, or in the case of a placement out of Ontario may
arrange for a child protection agency recognized in the
jurisdiction of the placement, to supervise the placement
subject to such terms and conditions as the Director may
prescribe.
Hearing
R.S.O. 1980,
c. 71
(9) Where the person proposing to adopt the child, the
adoption agency or the licensee under subsection 60 (5), as the
case may be, is dissatisfied with the terms and conditions
prescribed by a Director under subsection (8), the person, the
adoption agency or licensee, upon giving notice is entitled to a
hearing before the Board and the provisions of sections 7,8, 10
and 11 of the Children's Residential Services Act shall apply
with necessary modifications to such notice to proceedings before
the Board and to powers of the Board.
Powers of
Director
where no
hearing
(10) Where a person proposing to adopt the child, the
adoption agency or the licensee under subsection 60 (5), as
the case may be, does not require a hearing by the Board in
accordance with subsection (7), the Director may carry out the
proposal stated in the Director's notice under that subsection
without a hearing. 1978, c. 85, s. 65.
Director^ 66. Notwithstanding subsection 69 (3), a Director, with or
without the request of any person, may review the decision of
any adoption agency or licensee under subsection 60 (5) to refuse
to place a child with a person for the purpose of adoption by that
person or to remove the child who has been placed with a person
for the purpose of adoption and the Director may confirm the
decision of the adoption agency or licensee, as the case may be, or
rescind the decision and the Director may give such direction,
make any further decision or take any further step that an adop-
tion agency or licensee under subsection 60 (5) is authorized to
make, give or take under this Act. 1978, c. 85, s. 66.
Prohibition 67. — (1) Subject to subsection (2), no person, whether
payments before OF after the birth of a child, shall make, give or
adoptions receive or agree to make, give or receive a payment or
reward for or in consideration of or in relation to.
(a) the adoption or proposed adoption of the child under
this Part;
(b) the giving of consent or the signing of an instru-
ment of consent to the adoption of the child under
this Part;
Sec. 69 (1) (c) (v) CHILD WELFARE Chap. 66 713
(c) the transfer of the custody or control of the child
with a view to the adoption of the child under this
Part; or
(d) the conduct of negotiations or the making of
arrangements with a view to the adoption of the
child under this Part.
(2) Subsection (1) does not apply to the payment of expenses of i<*«™
an adoption agency or licensee under subsection 60 (5) or the
payment of legal expenses in connection with an adoption or
proposed adoption under this Part. 1978, c. 85, s. 67.
68. Every society shall endeavour to secure the adoption ^^^ety
of Crown wards, having regard to the best interest of each to secure
Crown ward. 1978, c. 85, s. 68. * °^
69. — (1) In this section, "parent" means, Stf^"^
(a) a guai-dian of a child appointed at law;
(b) a mother of a child;
(c) a person,
(i) who has within twelve months immediately
prior to a child being placed for adoption,
(A) acknowledged that he is the father of the
child and has voluntarily provided for the
child's care and support, or
(B) demonstrated a settled intention to treat
the child as a child of the person's family,
(ii) who has made a written acknowledgment of the
fact of his parentage to the adoption agency or
licensee under subsection 60 (5 ) placing a child for
adoption, as the case may be,
(iii) who by order of a court of competent jurisdiction
or by a written agreement is under a legal duty
to provide for a child or has been granted cus-
tody of or access to a child,
(iv) who has filed under section 12 of the Children's flf ''*°'
Law Reform Act a statutory declaration affirm-
ing that he is the father of a child,
(v) who is in one of the circumstances referred to in
paragraphs 1 to 6 of subsection 8 (1) of the Chil-
714
Chap. 66
CHILD WELFARE
Sec. 69(l)(c)(v)
Consent
Rights and
responsi-
bilities
Idem
Idem,
Crown ward
Idem,
child and
where
married,
spouse of
child
Where
consent
not
given
Notice
dren's Law Reform Act unless it is proven on a
balance of probabilities that the person is not a
parent of the child,
but does not include the Crown, a society or foster parent of a
child. 1979, c. 98, s. 5 (1).
(2) An order for the adoption of a child under eighteen
years of age and who has not been married shall be made
only with the written consent, given after the child is seven
days old, of every person who is a parent or who has
lawful custody or control of the child, but any person who
has given his or her consent may cancel it by a document
in writing to that effect within twenty-one days after the
consent is given.
(3) Upon the giving of all the consents required under
subsection (2), all the rights and responsibilities of a legal
guardian of the child for the purpose of the child's care,
custody and control belonging to the person or persons
giving the consents shall, where the child is being placed for
adoption by an adoption agency and, subject to subsection (11),
transfer to, be vested in and be assumed by the adoption
agency so long as the consents remain in force and until an
adoption order is made.
(4) Notwithstanding subsection (3), the rights and responsi-
bilities of a legal guardian of the child shall not transfer to an
adoption agency until the twenty-one day period for cancellation
of the consent given under subsection (2) has expired.
(5) An order for the adoption of a child who is a Crown
ward shall be made only with the written consent of a
Director, in which case no other consent, except a consent
required under subsection (6), is required.
(6) An order for the adoption of a child who is seven or
more years of age shall be made only with the written
consent of the child, and, where the child is married, with
the written consent of the spouse except that the court may
dispense with the consent of the child if the court is satisfied
that, having regard to all the circumstances of the case, the
consent would not be appropriate. 1978, c. 85, s. 69 (2-6).
(7) Where a consent required by this section has not been
given, the court may dispense with the requirement if, having
regard to all the circumstances of the case, the court is satisfied
that it is in the best interests of the child that the requirement be
dispensed with. 1978, c. 85, s. 69 (7); 1979, c. 98, s. 5 (2).
(8) The court shall not dispense with a consent required
under this section, except a consent required under sub-
Sec. 69 (11) (C) CHILD WELFARE Chap. 66 715
section (6), until the court is satisfied that the person from
whom the consent is required has had notice of the proposed
adoption and notice of the application to dispense with the con-
sent, or that reasonable effort has been made, in the opinion of the
court, to cause such person to be notified. 1978, c. 85, s. 69 (8);
1979, c. 98, s. 5 (3).
(9) Where a consent required bv this section has been^*^®".
. . , , ' -^ , , consent
given, It may after the twenty-one days referred to m sub- siven
section (2) and subject to subsections (10) and (11), be withdrawn
by the person giving it only if, having regard to all the
circumstances of the case, the court is satisfied that it is in
the best interests of the child that the consent be withdrawn.
(10) Subject to subsection (11), an application to the court for ^f^^
the withdrawal of a consent given under subsection (2) shall not withdrawn
be made after the child has been placed for adoption by an
adoption agency or licensee under subsection 60 (5) so long as the
child remains in the care of the person with whom the child was
placed for adoption.
(11) Where all the consents required under subsection (2) have ^^®*
been given and, after the expiration of one year from the giving Director
of the consents under subsection (2) or from a review of the
child's status under this subsection, whichever is later, whether
or not the child has been placed for adoption, an order for the
adoption of the child has not been made, the adoption agency or
licensee under subsection 60 (5), as the case may be, shall notify a
Director and the Director or any person authorized by the
Director shall review the status of the child and after such review
the Director or such person, having regard to the best interests of
the child, may,
(a) where the adoption agency or licensee is not a
society, direct the adoption agency or licensee to
place the child into the care and custody of a society
designated by the Director;
(b) where the child is in the care, custody and control
of a society, direct the society to bring the child
before the court under Part II to determine whether
an order under section 30 should be made and
thereafter the provisions of sections 28 to 36 apply,
with necessary modifications, to the child;
(c) where the child is in the care of the person with
whom the child has been placed for adoption,
confirm the placement of the child with that person
or give such direction, make any further decision
716
Chap. 66
CHILD WELFARE
Sec. 69(ll)(c)
or take any further step relating to the further
placement of the child that the adoption agency or
licensee is authorized to make, give or take under
this Act ;
(d) where the child leaves or is removed from the care
of the person with whom the child has been placed
for adoption, give such direction, make any further
decision or take any further step relating to the
further placement of the child that the adoption
agency or licensee is authorized to make, give or^take
under this Act ; or
{e) direct the adoption agency or licensee to return the
child to the care of the person giving the consent
under subsection (2) where that person had charge
of the child at the time the consent was given
and has agreed to receive the child back into care,
and upon giving such direction, every consent to
the adoption given under subsection (2) shall be deemed
to be withdrawn.
Application (12) Where an application is made to the court under
Part II pursuant to clause (11) (b), the child shall be brought
before the court as if the child had been apprehended pursuant to
section 21 or 22 and the child may be dealt with by the court in
the same manner as though the child were a child apparently in
need of protection.
Consent not
Invalid by
reason of
age
(13) No consent required by this section is invalid by
reason only of the fact that the person giving it is under
eighteen years of age except that, in the case of a consent
required under subsection (2) given by a person under eighteen
years of age the consent is not valid unless the Official
Guardian is satisfied that the consent reflects the true
informed wishes of the person.
Interference (14) Subject to a direction of a Director under sub-
chiid, etc. section (11) to the child, no person shall,
(a) visit, write to, telephone to, communicate with,
remove or attempt to remove from any place, or
interfere with a child who has been placed for
adoption by an adoption agency or licensee under
subsection 60 (5); or
(b) visit, write to, telephone to or communicate with,
for the purpose of interfering with the child, a
person or persons with whom the child has been
placed for adoption.
Sec. 71 (3) CHILD WELFARE Chap. 66 717
after the giving of all the consents under subsection (2), and
before an order for the adoption of the child has been made,
without the consent in writing of the adoption agency or
hcensee, as the case may be.
(15) Upon the placement of a child under eighteen years Jj«™*g°*"°"
of age by an adoption agency or licensee under subsection order
60 (5) for the purpose of adoption, and upon the giving
of all the consents required under subsection (2), any outstanding
order of access with respect to the child, other than an order of
access made under this Act, shall terminate. 1978, c. 85, s. 69
(9-15).
(16) No person, EntiUe-
ment to
notice
(a) who has consented to an order for adoption in accord-
ance with this Act;
(6) whose consent a court has dispensed with in accordance
with this Act,; or
(c) who is a parent of a Crown ward placed for adoption,
is entitled to receive notice of the proposed adoption. 1979,
c. 98, s. 5 (4).
70. An affidavit of execution in the prescribed form ^3*^*^5*0^^
shall be attached to every consent required under this Part
and to every cancellation under subsection 69 (2). 1978, c. 85,
s. 70.
71. — (1) The court in the county or district in which J^^"°°
either the applicant or the child sought to be adopted resides
at the time the application for an adoption order is filed
has jurisdiction to make the order.
(2) An application for an adoption order shall be heard ^PgJ*g|2S°
and determined in camera. tn camera
(3) Where the court referred to in subsection (1) is satisfied JJ^^^
that there is preponderance of convenience in favour of
hearing the application for adoption in another county or
district, the court may, at any time after the application is
made and before the hearing of the application, transfer
the proceedings to a court in any other county or district.
718
Affidavit
evidence
Chap. 66
CHILD WELFARE
Sec. 71 (4)
(4) The court may accept evidence by affidavit but the
affidavit shall be confined to facts within the personal
knowledge of the person making the affidavit.
stale
applications
(5) Where an application for an adoption order is not
heard by the court within the twelve months next following
the signing of the application by the applicant, it shall not
be proceeded with unless the court otherwise directs, but
another application may be made in its stead.
Guardian
ad litem
(6) For the purpose of an application for an order for the
adoption of a child under eighteen years of age, the court
may appoint a person to act as the guardian ad litem of the
child before or upon the hearing of the application if in the
opinion of the court such appointment is required to protect
the legal interests of the child in the proceedings and the
court may make such order as to the costs of the guardian
ad litem as the court deems appropriate in the circumstances.
1978, c. 85, s. 71.
Say°be'^'^^^ 72. The court may make an order for the adoption of any
made child resident in Ontario upon application therefor being
made in the prescribed manner by a person resident in
Ontario. 1978, c. 85, s. 72.
Where order
not to be
made
73. — (1) The court shall not make an adoption order for a
child who is under eighteen years of age and who has not
been married unless the child has been placed with an
applicant for adoption by an adoption agency or licensee
under subsection 60 (5).
Application (2) Subsection (1) does not apply to an application for
adoption of a child,
(a) by a relative of the child ; or
(b) by the spouse of the child's parent. 1978, c. 85, s. 73.
Where order
not to be
made
74. — (1) The court shall not make an adoption order.
where the applicant is under eighteen years of age
or, in the case of a joint application by a husband
and wife, where the husband or wife is under
eighteen years of age ;
Sec. 75 (1) CHILD WELFARE Chap. 66 719
(6) where the apphcant is unmarried, a widow, a widower,
a divorced person or living apart from his or her
spouse; or
(c) where the child being adopted is eighteen or more
years of age or is under eighteen years of age and
has been married,
unless the court is satisfied that there are special circum-
stances that justify the making of the order. 1978, c. 85,
s. 74(1).
(2) An order for adoption shall not be made where the court has '^^"^
made a decision under,
(a) subsection 69 (7) dispensing with the requirement of a
consent; or
(b) subsection 69 (9) refusing an application for withdrawal
of a consent,
until
(c) any appeal under subsection 84 (2) or (3), as the case
may be, in respect of the decision has been disposed of;
or
id) the time for commencing an appeal under subsection 84
(5) in respect of the decision has expired,
whichever is the later. 1979, c. 98, s. 7.
(3) Subsection (1) does not apply to an application for ^/']||^^';°;'
adoption of a child by a spouse of a parent of the child.
(4) Except in the case of a joint apphcation by a husband b/more°
and wife, an order shall not be made for the adoption of a j5?S)n°*
child by more than one person.
(5) An adoption order shall not be made upon the applica- ^J^f^®'
tion of a husband or wife without the written consent of the spouse
spouse, provided that the court may dispense with such
consent where the spouses are living apart and where the
court considers it in the best interests of the child that the
consent be dispensed with. 1978, c. 85, s. 74 (3-5).
75.— (1) Where an apphcation is made to the court for ff^f^^^r
the adoption of a child who is under eighteen years of age
and who has not been married, a Director shall file with
720
Chap. 66
CHILD WELFARE
Sec. 75 (1)
Filing of
notice
the court prior to the hearing of the application a statement
in writing,
(a) that the child has resided for six months or more
with the applicant and, having regard to the
best interests of the child, recommending whether
or not, in the opinion of the Director, an order for
the adoption of the child should be made ; or
(6) that the applicant is an appropriate person to adopt
the child and recommending that for reasons set out
in the statement it is in the best interests of the
child that the period of residence be dispensed with
and an order for the adoption of the child should be
made,
and the Director, in making a recommendation under
clause (a) or (b), may bring to the attention of the court any
additional circumstances of the case that, in the Director's
opinion, the court may wish to take into account before
making or refusing the order.
(2) Where a Director recommends that an adoption order
should not be made, the Director shall file a copy of the
statement under subsection (1) with the court at least thirty
days prior to the hearing and the Director shall cause a
copy of the statement to be served upon the applicant within
seven days after the Director filed the statement with the
court.
statement (3) In the case of a child referred to in subsection (1) who
director has been placed for adoption by a society, the statement
referred to in clause (a) of that subsection is sufficient if it is
made by the local director.
Report (4) A Director or local director before making a recom-
mendation under subsection (1) shall obtain a report on the
adjustment of the child in the home of the appUcant made
by the society with jurisdiction in the area where the
applicant resides, or by such other person who has received
prior approval from the Director or local director, as the case
may be.
Application (5) Subsections (1) and (4) do not apply to an application
for adoption of a child,
(a) by a relative of the child ; or
(6) by the spouse of the child's parent,
unless the court hearing the application so directs. 1978, c. 85,
s. 75.
Sec. 80 (2) CHILD WELFARE Chap. 66 721
76. The court before making an adoption order shall be Duty of
. or court
satisfied,
(a) that every person who has given a consent under
this Part understands the nature and effect of the
adoption order; and
(b) that the order will be in the best interests of the
child. 1978, c. 85, s. 76.
77. Upon the hearing of an application for adoption, Procedure
where the child is seven or more years of age, the court application
shall inquire into the capacity of the child to appreciate
the nature of the application and shall, where practicable,
hear the child. 1978, c. 85, s. 77.
78. — (1) Subject to subsection (3), when making an adoption Surname
order, the court may order that the adopted child,
(a) retain the surname by which the child was known
immediately prior to the adoption; or
(6) assume the surname of either or both of the adopt-
ing parents.
(2) Subject to subsection (3), in an adoption order, the court Given
may in its discretion change the given name or names of
the child as the adopting parent desires, and thereafter the
adopted child is entitled to and is to be known by the name
or names so given.
(3) In the case of a child fourteen or more years of age, the ^q^^^
court shall not make an order under this section changing the
given name or the surname of the child without the written
consent of the child. 1978, c. 85, s. 78.
79. If the adopted child was born outside marriage that fact ^™i<je
shall not appear upon the adoption order. 1978, c. 85, s. 79. ^^^"^
appear
80.— (1) Subject to subsection 81 (6), the documents used ^^^^
upon an application for an adoption order shall be sealed up and °p
filed in the office of the court by the proper officer of the court
and shall not be open for inspection except upon an order of the
court or the written direction of a Director.
(2) Within thirty days after the making of an adoption ^^^^
order, the proper officer of the court shall cause to be madeo'o"!®'"
a sufficient number of certified copies thereof under the
seal of the proper certifying authority and shall transmit,
722
Chap. 66
CHILD WELFARE
Sec. 80(2) (a)
R.S.C. 1970.
c.I-6
(a) the original order to the adopting parent ;
(b) one certified copy to a Director;
(c) one certified copy to the Registrar General, or,
where the adopted child was bom outside Ontario,
two certified copies to the Registrar General ; and
(d) where the adopted child is a member of a band
within the meaning of the Indian Ad (Canada), one
certified copy to the Registrar under that Act,
1978, c. 85, s. 80.
Interpre-
tation
Voluntary
disclosure
registry
Society
to notify
Director
Information
confidential
Director to
determine
if both
parent and
child are
registered
Idem
81. — (1) In this section, "Director" means an employee
of the Ministry appointed by the Minister for the purposes
of this section.
(2) An adopted child who is eighteen or more years of
age and a person who was a parent of an adopted child at
the time of the child's birth where the adoption took place
in Ontario in each instance may apply to a society to be
registered in a voluntary disclosure registry that shall be
maintained by the Director.
(3) Every society that receives an application under
subsection (2) shall forthwith forward a copy of the applica-
tion to the Director who shall enter the applicant's name in
the voluntary disclosure registry.
(4) Notwithstanding the provisions of any other Act, no
person shall inspect, remove, disclose, transmit or alter or
permit the inspection, removal, disclosure, transmission or
alteration of information maintained in the voluntary dis-
closure registry established under subsection (2), except with
the written permission of the Director.
(5) The Director shall upon entering an applicant's name
in the voluntary disclosure registry examine the registry
to determine,
(a) where the applicant is an adopted child, if a person
who was the child's parent at the time of the child's
birth is named in the registry ; or
{b) where the applicant is a person who was a parent
of an adopted child at the time of the child's birth,
if the adopted child is named in the registry.
(6) Where the Director,
(a) determines that both an adopted child and a per-
son who was the child's parent at the time of the
Sec. 82 (4) CHILD WELFARE Chap. 66 723
child's birth are named in the voluntary dis-
closure registry;
{b) obtains from any living person who was the parent
of the child after an adoption order with respect to the
child was made, consent to the disclosure of
information pursuant to this section ; and
(c) obtains a confirmation from each of the parties
referred to in clause (a) that they agree to the dis-
closure of information pursuant to this section,
the Director shall forthwith forward to the appropriate
society the information contained in,
id) the documents referred to in subsection 80 (1); and
(e) the voluntary disclosure registry,
with respect to the adopted child and the person who was
the child's parent and the society shall provide the informa-
tion to the adopted child and the person who was the child's
parent.
(7) Every society shall provide guidance and counseUing Society to
to persons who may be registered in the voluntary disclosure ^°danceand
registry referred to in subsection (2). 1978, c. 85, s. 81. counselling
82. — (1) Upon an application for an adoption order, o^|^™
the court, after considering any recommendation made by
a Director, may postpone the determination of the applica-
tion and make an interim order giving the custody of the
child sought to be adopted to the applicant for a period not
exceeding one year by way of a probationary period upon
such terms as regards provision for the maintenance and
education and supervision of the welfare of the child and
otherwise as the court thinks fit.
(2) An interim custody order is not an adoption order.
Idem
(3) All consents required for an adoption order are consenu
necessary for an interim custody order, subject to a like
power in the court to dispense with any such consent require-
ment.
(4) Where an applicant has obtained an interim custody ^^fd°°*
order and subsequently takes up residence outside Ontario, Ontario
the court may nevertheless make the adoption order applied
724
Chap. 66
CHILD WELFARE
Sec. 82 (4)
for if a Director makes a recommendation in favour of the
order under section 75. 1978, c. 85, s. 82.
Order
final
83. Subject to section 84, an order granting an adoption
shall be final and irrevocable and shall not be questioned
or reviewed in any court of competent jurisdiction by way of
injunction, declaratory judgment, certiorari, mandamus, pro:
hibition, habeas corpus or application for judicial review.
1978, c. 85, s. 83.
Appeal 84. — (1) An applicant for an adoption order, or a Direc-
tor or the local director, as the case may be, who has
filed a statement pursuant to subsection 75 (1), may appeal to the
county or district court of the county or district in which the
decision was made from the decision granting or refusing an
adoption order.
Idem
(2) An applicant for an adoption order, a Director, or the local
director, as the case may be, who has filed a statement pursuant
to subsection 75 (1), or a person who has given consent under
subsection 69 (2) may appeal to the county or district court of the
county or district in which the decision was made from the deci-
sion of the court made pursuant to subsection 69 (9), granting or
refusing the withdrawal of a consent to the adoption.
Idem
(3) An applicant for an adoption order, a Director, or the local
director, as the case may be, who has filed a statement pursuant
to subsection 75 (1), a person who has given consent under sub-
section 69 (2) or a person with respect to whom a consent
required under subsection 69 (2) has been dispensed with may
appeal to the county or district court of the county or district in
which the decision was made from the decision of the court
made pursuant to subsection 69 (7), granting or refusing the
dispensing of the requirement of the giving of consent.
Appeal
in camera
(4) An appeal under subsection (1), (2) or (3) shall be heard in
camera and notice of the appeal shall be served on a Director.
Notice (5) A notice of appeal under subsection (1), (2) or (3) shall be
served within thirty days of the making of the decision being
appealed and no extension of the time for serving the notice
or making the appeal shall be granted. 1978, c. 85, s. 84.
Effect of
order on
previoas
adoption
85. An adoption order or an interim custody order may
be made in respect of a child who has previously been the
subject of an adoption order, and the adopting parent
Sec. 86 (4) (a) child welfare Chap. 66 725
under the adoption order last previously made shall, if living,
be deemed to be the parent of the child for the purposes of this
Part. 1978, c. 85, s. 85.
86. — (1) For all purposes, as of the date of the making of f^5J]J|<f'
an adoption order, ohiw
(a) the adopted child becomes the child of the adopting
parent and the adopting parent becomes the parent
of the adopted child; and
(6) the adopted child ceases to be the child of the
person who was his or her parent before the adoption
order was made and that person ceases to be the
parent of the adopted child, except where the per-
son is the spouse of the adopting parent,
as if the adopted child had been born to the adopting parent
and all the rights and responsibilities of a legal guardian of
the child that have vested in any adoption agency pursuant
to subsection 69 (3) are terminated.
(2) The relationship to one another of all persons whether Application
the adopted child, the adopting parent, the kindred of the to relation-
adopting parent, the parent before the adoption order was ^^Mni
made, the kindred of that former parent or any other person
shall, for all purposes, be determined in accordance with sub-
section (1).
(3) In any will or other document, whether heretofore References
or hereafter in existence, and whether or not the maker of C?oTher
the will or other document was alive at the date of the «io<^"™ent
coming into force of this section, unless the contrary is ex-
pressed, a reference to a person or group or class of persons
described in terms of relationship by blood or marriage to
another person shall be deemed to refer to or include, as the
case may be, a person who comes within the description as
a result of the person's own adoption or the adoption of
another person.
(4) This section applies and shall be deemed to have of^LecUon""
always applied with respect to any adoption made under
any legislation heretofore in force, but not so as to affect,
(a) any interest in property or right of the adopted
child that has indefeasibly vested before the date of
the making of an adoption order; and
726
Chap. 66
CHILD WELFARE
Sec. 86 (4) ib)
Exception
Effect of
adoptions
under other
laws
Idem
(6) any interest in property or right that has indefeasibly
vested before the coming into force of this section.
(5) Subsections (1) and (2) do not apply for the purposes of
the laws relating to incest and the prohibited degrees of
marriage to remove any person from a relationship in con-
sanguinity that, but for this section, would have existed.
1978, c. 85, s. 86.
87. — (1) An adoption effected according to the law of any
other province or territory of Canada or of any other state
or country or part thereof, before or after the commencement
of this section, has the same effect in Ontario as an adoption
under this Act.
(2) Where, as a requirement of the making of an order or
orders of a court of competent jurisdiction in any other
province or territory of Canada or in any other state or
country or part thereof, that effects an adoption of a child
according to the laws of the jurisdiction where the order or
orders were made, any statement, consent, declaration or
similar document in writing is made by a person, organiza-
tion, province, state, country or legal representative of any
of them, in whom the rights and responsibilities of guardian-
ship in respect of the child have been legally vested, such
statement, consent, declaration or similar document in
writing shall for all purposes in Ontario have the same force
and effect as if made under this Act. 1978, c. 85, s. 87.
Subsidies gg. Where, in the opinion of the Minister, the best
interests of a child may be served by granting a subsidy
to the adopting parent of the child, the Minister may out of
moneys appropriated therefor by the Legislature authorize
payments, from time to time and upon such terms and con-
ditions as the Minister may prescribe, of such amounts as are
necessary for such purposes. 1978, c. 85, s. 88.
PART IV
GENERAL
Regulations ^q — (J) Tj^g Lieutenant Governor in Council may make
regulations,
1. prescribing additional powers and duties of a
Director ;
2. prescribing the records that shall be kept by societies
and the returns and reports that shall be made by
societies under this Act ;
Sec. 89 (1)':13 CHILD WELFARE Chap. 66 727
3. requiring societies to provide such information and to
make such returns and reports as are prescribed
and prescribing the persons or agencies to whom
such information and returns are to be given and
reports are to be made;
4. governing the quahfications of persons or classes of
persons employed by or involved in the manage-
ment and operation of societies ;
5. prescribing provisions to be included in the by-laws
of societies;
6. defining "net expenditures";
7. prescribing expenses that may be charged for
services under this Act and classes of such expenses
and the terms and conditions under which any such
expense or class thereof may be charged;
8. prescribing the manner of determining the propor-
tion of an approved estimate that is referable to
each municipality in the area served by a society
for the purposes of subsection 8 (6);
9. prescribing additional powers and duties of a child
welfare review committee appointed under section 12 ;
10. determining the amounts of payments under sub-
sections 13 (1) and (2) and prescribing classes of such
payments and the terms and conditions under which
any such payment or class thereof may be paid;
11. providing for payments to reimburse a municipality
for all or any part of any increase in its financial
obligations to a society under this Act and pre-
scribing classes of such payments and the terms and
conditions under which any such payment or class
thereof may be paid;
12. determining the costs to municipalities and to
societies for the purposes of section 14;
13. determining the amounts of payments to be made
to municipalities and societies under section 14 and
providing for classes of such payments and the
terms and conditions under which such payments
or class or classes thereof may be made ;
728 Chap. 66 child welfare Sec. 89(1)1114
14. prescribing the times and manner of payment of
capital grants under section 14;
15. prescribing "special needs" of children,
i. for which joint facilities may be established
under section 16, and
ii. for the purpose of subsection 25 (4);
16. prescribing terms and conditions to be included in
any agreement or class of agreement entered into
under section 25;
17. for the purposes of subsections 25 (9) and (11),
prescribing the manner of determining the nature and
degree of a developmental handicap;
18. governing the construction, alteration, renovation,
extension and furnishing and equipping of homes
operated or supervised by societies and providing
residential care for children, other than children's
R.s.o. 1980, residences under the Children's Residential Services
Act;
19. prescribing the information that shall be recorded
in the register established under subsection 52 (3);
20. prescribing the period or periods of time that infor-
mation or any class thereof shall be maintained in
the register established under subsection 52 (3) and
providing for the expunging of information or any class
thereof from the register;
21. prescribing the practice and procedure of the court
under this Act or any Part thereof;
22. fixing fees, costs, charges and expenses payable on
proceedings under this Act or any Part thereof and
providing for dispensing with the payment of such
fees, costs, charges and expenses where, owing to
lack of means or for any other reason, the court
considers such action advisable;
23. prescribing rules and standards governing the estab-
lishment and operation of adoption agencies;
24. governing the issuance, renewal and expiration of a
licence required under section 60 and prescribing
Sec. 89(1)1134 child welfare Chap. 66 729
terms and conditions for the issuance, renewal and
expiration of hcences;
25. prescribing the fees payable by an applicant for a
licence or renewal thereof ;
26. providing for the inspection of books of account
and other records of adoption agencies or licensees
under subsection 60 (5);
27. governing the qualifications of persons or classes of
persons employed by or involved in the manage-
ment and operation of adoption agencies or licensees
under subsection 60 (S);
28. requiring adoption agencies or licensees under sub-
section 60 (5) to provide such information and to make
such returns and reports as are prescribed and pre-
scribing persons or agencies to whom such information
and returns are to be given and reports are to be made;
29. requiring the bonding of,
i. adoption agencies or licensees under sub-
section 60 (5), and
ii. the employees of adoption agencies or licensees
under subsection 60 (5),
or any class thereof, and providing for the forfeiture
of the bond and the disposition of the proceeds
thereof ;
30. prescribing the form and term of bonds that are
required and the collateral security that may be
required with the bonds;
31. prescribing the records that shall be kept by adoption,
agencies or licensees under subsection 60 (5) and the
returns and reports that shall be made by adoption
agencies or licensees under this Act;
32. prescribing states and countries for the purposes
of section 58 ;
33. prescribing forms and providing for their use;
34. prescribing the practices and procedures on appeals
to the county or district court under sections 43
and 84;
730
Chap. 66
CHILD WELFARE
Sec. 89(1)1135
Idem
Inter-
provincial
agreements
Service
Idem
35 . prescribing a method of delivering, filing or serving any
notice or class of notice required to be delivered, filed or
served under this Act. 1978, c. 85, s. 89 (1); 1979,
c. 98, s. 8.
(2) The Minister shall prescribe,
(a) standards of services relating to the purposes set
out in subsection 6 (2); and
(b) procedures and practices to be followed by societies.
1978, c. 85, s. 89 (2).
00. The Minister, with the approval of the Lieutenant
Governor in Council, may on behalf of the Government of
Ontario make agreements with the Crown in right of Canada
and with the Crown in right of any other province of Canada
respecting services to or the care or protection of children.
1978, c. 85, s. 90.
01. — (1) Unless otherwise provided for in this Act or
the regulations, any notice or order required to be given,
delivered, filed or served under this Act or the regulations
is sufficiently given, delivered, filed or served if delivered
personally or sent by registered mail addressed to the person
to whom delivery or service is required to be made at the
person's last known address.
(2) Where service is made by mail, the service shall be
deemed to be made on the tenth day after the day of mailing
unless the person on whom service is being made establishes
that the person did not receive it or did not, acting in
good faith, through absence, accident, illness or other
cause beyond the person's control, receive the notice or
order until a later date.
Idem
Reference
to parent
(3) Where any notice is required to be given, delivered,
filed or served on a Director under this Act or the regula-
tions or a certified copy of an order is required to be trans-
mitted to a Director under clause 80 (2) (b) such notice or certified
copy is sufficiently given, delivered, filed, served or transmitted,
as the case may be, on or to a Director if the notice or certified
copy is given, delivered, filed, served or transmitted on or
to any of the Directors appointed pursuant to subsection 2 (1).
1978, c. 85, s. 91.
02. Except for section 25, a reference in this Act or the
regulations to "a parent" or "the parent" shall be deemed
to be a reference to every parent of the child unless the
context otherwise requires. 1978, c. 85, s. 92.
Sec. 94 (1) CHILD WELFARE Chap. 66 731
98. Where any notice required in proceedings under this ^j'^^^
Act has not been given, the court may proceed to hear or
dispose of the matter as if such notice had been given where
tHe court is satisfied that reasonable effort has been made to
cause such notice to be given. 1978, c. 85, s. 93.
94w=— (1) Every person who,
(a) knowingly furnishes false information in any applica-
tion under this Act or in any statement, report or
return required to be furnished under this Act or
the regulations;
{b) fails to comply with an order of the court under
subsection 35 (4);
(c) fails to comply with an order made by a Director
under subsection 52 (17);
(d) hinders, obstructs or interferes with or attempts
to hinder, obstruct or interfere with any person
acting in the performance of the person's duties
under section 21, 22 or 23;
{e) is a parent and who permits his or her child to
contravene any provision of subsection 52 (1) or (2);
(/) contravenes any provision of,
(i) section 46,
(ii) subsection 49 (2),
(ill) subsection 50 (3),
(iv) subsection 52 (4), (7) or (8),
(v) subsection 53 (1),
(vi) subsection 69 (14),
and every director, officer or employee of a corporation who
knowingly concurs in such contravention by the corporation
or in such furnishing of false information, failure, hindrance,
obstruction or interference or attempted hindrance, obstruction
or interference or contravention by the corporation is guilty of
an offence and on conviction by the court is liable to a fine of
not more than $1,000 or, except for a contravention of sub-
section 49 (2), to imprisonment for a term of not more than one
year, or to both.
Offences
732 Chap. 66 child welfare Sec. 94 (2)
Mem (2) Every person who contravenes the provisions of,
(a) subsection 47 (2); or
i-j >h
(ft) subsection 65 (1) or (2),
and every director, officer or employee of a corporation who
knowingly concurs in such contravention by the corpora-
tion is guilty of an offence and on conviction by the court is liable
to a fine of not more than $2 ,000 or to imprisonment for a term of
not more than two years, or to both.
Mem (3) Every person who contravenes the provisions of sub-
section 48 (1) and every director, officer or employee of a
corporation who knowingly concurs in such contravention by
the corporation is guilty of an offence and on conviction by the
court is liable to a fine of not more than $1,000 or to
imprisonment for a term of not more than one year, or to both,
and for any subsequent offence to a fine of not more than
$2,000 or to imprisonment for a term of not more than two years,
or to both.
Idem
Idem
(4) Every person who contravenes the provisions of sub-
section 60 (1) and every director, officer or employee of a
corporation who knowingly concurs in such contravention by the
corporation is guilty of an offence and on conviction by the court
is liable to a fine of not more than $5,000 for each day on which
such offence continues or to imprisonment for a term of not more
than three years, or to both.
(5) Every person who contravenes the provisions of subsection
67 (1) and every director, officer or employee of a corporation who
knowingly concurs in such contravention by the corporation is
guilty of an offence and on conviction by the court is liable to a fine
of not more than $5 ,000 or to imprisonment for a term of not more
than three years, or to both.
Idem
(6) Every person who contravenes subsection 57 (7), and every
director, officer or employee of a corporation who knowingly
concurs in such a contravention by the corporation, is guilty of
an offence and on conviction by the court is liable to a fine of not
more than $10,000, or to imprisonment for a term of not more
than three years, or to both. 1978, c. 85, s. 94.
Injunction
proceedings
95. — (1) The society having the care, custody or super-
vision of the child may apply to the Supreme Court by
originating notice for an order enjoining any person acting
in contravention of section 46, and the Supreme Court in its
Sec. 95 (4) CHILD WELFARE Chap. 66 733
discretion may make such an order and the order may be
entered and enforced in the same manner as any other order
or judgment of the Supreme Court.
(2) The adoption agency that placed the child for adoption may "•™
apply to the Supreme Court by originating notice for an order
enjoining any person acting in contravention of subsection 69 (14),
and the Supreme Court in its discretion may make such an order
and the order may be entered and enforced in the same manner as
any other order or judgment of the Supreme Court.
(3) A Director may apply to the Supreme Court by originating ^*«"
notice for an order enjoining any person acting in contravention
of subsection 60 (1), and the Supreme Court in its discretion
may make such an order and the order may be entered and
enforced in the same manner as any other order or judgement of
the Supreme Court.
(4) Any person may apply to the Supreme Court for an order ^<*«™
varying or discharging any order made under subsection (1), (2)
or (3). 1978, c. 85, s. 95.
Sec. 1 id) (viii) children's institutions Chap. 67 735
CHAPTER 67
Children's Institutions Act
1. In this Act. gte^^re-
(a) "approved children's institution" means a children's
institution approved under section 3;
(6) "approved corporation" means a corporation
approved under section 2;
(c) "child" means a person under eighteen years of age;
(d) "children's institution" means all or any part of a
building or buildings maintained and operated by
an approved corporation for children and other
persons requiring sheltered, specialized or group care
but does not include,
(i) a charitable institution under the Charitable R f o. i980,
c. 64
Institutions Act,
(ii) a place of safety or a receiving home within
the
Act,
the meaning of Part II of the Child Welfare R sx) i98o.
(iii) a day nurser\' established and operated under
the Day Nurseries Act, R so. i980,
-^ c. Ill
(iv) a children's mental health centre under the
Children's Mental Health Services Act, RS.o. i98o.
c. 69
(v) a home for retarded persons under the Homes ff^- ''*'•
for Retarded Persons Act,
(vi) an institution under the Mental Hospitals ^ f,° *'*°-
Act,
c. 263
(vii) a private hospital under the Private Hospitals f fg, ''*''
Act,
(viii) a sanitarium under the Private Sanitaria Act, f-^^ ^'*°'
736 Chap. 67 children's institutions Sec. 1 id) (ix)
(ix) a hospital under the Public Hospitals Act,
R.S.O. 1980,
c. 410
R.S.O. 1980,
c. 463
(x) a sanatorium under the Sanatoria for Con-
sumptives Act;
(e) "Minister" means the Minister of Community and
Social Services;
(/) "regulations" means the regulations made under this
Act. 1978, c. 69, s. 1.
Approval of
corporations
R.S.O. 1980,
c. 95
2. — (1) Where the Minister is satisfied that any cor-
poration without share capital having objects of a charitable
nature to which Part III of the Corporations Act applies or
that is incorporated under a general or special Act of the
Parliament of Canada is, with financial assistance under this
Act and the regulations, financially capable of establishing,
maintaining and operating a children's institution and that its
affairs are carried on under competent management in good
faith for charitable purposes, he may approve such cor-
poration for the purposes of this Act and the regulations.
Funding of
corpora-
tions
(2) Where the Minister intends to approve a corporation
under subsection (1), the Minister may enter into an agree-
ment with the corporation for the establishment of a children's
institution upon such terms and conditions as may be
agreed and may direct payment of expenditures as are
necessary for the purpose. 1978, c. 69, s. 2.
Approval of
children's
institu-
tions
3. — (1) Where the Minister is satisfied that all or any part
of a building or buildings is suitable for providing accommoda-
tion as a children's institution in accordance with this Act
and the regulations and that there is a need for a children's
institution in the area served or to be served by the institu-
tion, the Minister may approve all or any part of the building
or buildings, as the case may be, as a children's institution
and assistance may be given under this Act and the regula-
tions for the maintenance and operation of the children's
institution.
Effective
date of
approval
(2) An approval given under subsection (1) or under
section 2 may take effect on any date fixed by the Minister
that is prior to the date on which the approval is given,
but in no case shall the date upon which the approval under
subsection (1) takes effect precede the date on which the
approval given under section 2 to the corporation main-
taining and operating the children's institution takes effect.
1978, c. 69, s. 3.
Sec. 7 (4) children's institutions Chap. 67 737
4. The by-laws of every approved corporation shall con- By-iaws
tain such provisions as the regulations prescribe and a
certified copy of the by-laws and any amendment thereto
shall be filed with the Minister forthwith after they are made.
1978, c. 69, s. 4.
5. — (1) Where the Minister has approved the erection of ^^^Jn^
a new building, an addition to an existing building, the
purchase or other acquisition of an existing building, the
structural alteration or the renovation or the furnishing and
equipping of a building by an approved corporation for use
in whole or in part as a children's institution, the Minister
may direct payment to the approved corporation out of
moneys appropriated therefor by the Legislature of an
amount determined in accordance with the regulations,
towards the cost of the new building, addition, acquisition,
structural alteration, renovation or furnishing and equipping,
as the case may be, that is applicable to the children's
institution.
(2) An amount payable to an approved corporation under ^^e?of
this section shall be paid at the time or times and in the payment
manner as is prescribed by the regulations. 1978, c. 69, s. 5.
6. There shall be paid to every approved corporation, an ^*y™®°'
amount determined in accordance with the regulations operating
,, . -, •■,1,1 andmaln-
towards the cost incurred for services provided by the cor- tenance
poration for children and other persons or classes of persons °°^
prescribed by the regulations. 1978, c. 69, s. 6.
7. — (1) The Mihister may designate in writing any person |^^g^^™
to be a program adviser with such powers and duties for
the purposes of this Act and the regulations and subject to
such limitations, restrictions, conditions and requirements
as the Minister may set out in the designation.
(2) The remuneration and expenses of any person appointed ^o^and^*"
under subsection (1) who is not in the employ of the public expenses
service of Ontario shall be fixed by the Minister and shall
be paid out of the moneys appropriated therefor by the
Legislature.
(3) A program adviser may, at all reasonable times and p°o^r"m^
Uf)on producing proper identification, enter any children's advisers
institution and inspect the facilities, the services provided and
the books of account and other records therein.
(4) Every person when requested so to do by a program ^*^g^^J'
adviser shall permit the entry and inspection by the pro-
for
ons
738
Chap. 67
children's institutions
Sec. 7 (4)
Obstruct-
ing:
Inspection
gram adviser of the premises referred to in subsection (3) and
shall produce and permit inspection of the books of account
and other records therein and supply extracts therefrom.
(5) No person shall hinder or obstruct a program adviser
in the performance of the program adviser's duties or refuse
to permit the program adviser to tarry out such duties or
refuse to furnish the program adviser with information or
furnish the program adviser with false information. 1978, c. 69,
s. 7.
Suspension
and
revocation
of
approvals
8. — (1) Subject to this section, any approval given under
section 2 or 3 may be suspended or revoked by the Minister
where,
(a) any director, officer or employee of the approved
corporation has contravened or knowingly permitted
any person under the control and direction of the
director, officer or employee, as the case may be,
to contravene any provision of this Act or the
regulations; or
(b) the approval would be refused if application were
being made for it in the first instance.
Notice of
proposal
to suspend
or revoke
(2) Subject to subsection (10), where the Minister proposes
to suspend or revoke an approval given under section 2 or 3,
the Minister shall, except where the approval is suspended or
revoked with the consent of the approved corporation, serve
notice of the Minister's proposal to suspend or revoke the
approval, together with written reasons therefor, on the
approved corporation.
Notice
requiring
hearing
Powers of
Minister
where no
hearing
(3) A notice under subsection (2) shall inform the approved
corporation that it is entitled to a hearing under this section
if the corporation mails or delivers, within fifteen days after
the notice under subsection (2) is served on it, notice in writing,
to the Minister requiring a hearing and the corporation may so
require a hearing.
(4) Where the approved corporation does not require a
hearing under this section in accordance with subsection (5), the
Minister may carry out the proposal stated in the Minister's notice
under subsection (2) without a hearing.
Hearing (5) Where the approved corporation requires a hearing
under subsection (3), the Minister shall cause a hearing to be
held to determine whether the approval should be suspended or
revoked.
Sec. 9 ib) children's institutions Chap. 67 739
(6) Where the Minister causes a hearing to be held, the wem
hearing shall be held by a person or f>ersons appointed by
the Minister other than a person or persons in the employment
of the Ministry.
(7) Sections 4 to 16 and 21 to 24 of the Statutory Powers Application
Procedure Act apply with respect to a hearing under this section, r.s.o. i980,
C. 484
(8) The person or persons holding a hearing under this f^g$^^
section shall, at the conclusion of the hearing, make a report
to the Minister setting out,
(a) the findings of fact and any information or knowledge
used by the person or persons in making any
recommendations, any conclusions of law arrived
at relevant to the recommendations ; and
(6) the recommendations of the person or persons as to
the suspension or revocation of the approval,
and shall send a copy of the report to the persons affected
by the report.
(9) After considering a report made under this section, ge^*o° of
the Minister may suspend or revoke the approval to which the
report relates and shall give notice of the Minister's decision
to the persons affected, specifying the reasons therefor.
(10) Notwithstanding anything in this section, the Minister, I^^^jq^
by notice to the persons affected and without a hearing, may of
• •n ■, , ■ ■• ■,■ A approval
provisionally suspend an approval given under this Act
where the continuation of operations in accordance with the
approval is, in the Minister's opinion, an immediate threat to
the public interest and the Minister so states in such notice
giving reasons therefor, and thereafter the Minister shall cause a
hearing to be held and the provisions of subsections (2) to (9)
apply. 1978, c. 69, s. 8.
9. In determining need for the purposes of sections 3 ^^^°*'
and 8, the Minister shall take into account in addition to all need
other relevant considerations,
(a) the services for children provided in approved
children's institutions that exist;
(6) the services for children that are available other
than in approved children's institutions;
740 Chap. 67 children's institutions Sec. 9 (c)
(c) the number of children requiring the services of
children's institutions;
{d) the predictable continuing demand for children's
institutions,
in the area, or in the area and any other area served or to
be served by the children's institution,
(e) the relative priority of the program of the children's
institution in relation to all other programs for
children funded by the Ministry ;
if) the funds available to provide continuing services
for children in approved children's institutions; and
ig) the place or places of residence of the children served
or to be served by the children's institutions. 1978,
c. 69, s. 9.
Regulations jq^ xhg Lieutenant Governor in Council may make
regulations governing the management, operation and use of
approved children's institutions or any class thereof and,
without limiting the generality of the foregoing, may make
regulations,
{a) exempting designated approved corporations or
approved children's institutions or any class thereof
from specified provisions of this Act or the regula-
tions for such period or periods of time as the regu-
lations prescribe ;
(b) establishing an advisory board consisting of not more
than three persons and prescribing its duties ;
(c) governing the accommodation, facilities, equiprnent
and services to be provided in approved children's
institutions ;
(d) governing the establishment, management, operation,
location and construction of approved children's
institutions or any class thereof and their alteration
and renovation ;
{e) governing the admission * of persons to and their
discharge from approved children's institutions,
prescribing the conditions of eligibility and pro-
cedures for such admission and discharge;
Sec. 10 (n) children's institutions Chap. 67 741
(J) prescribing the qualifications of persons employed
in approved children's institutions or any class
thereof and prescribing the powers and duties of such
persons ;
{g) requiring and prescribing medical and other related or
ancillary services for the care and treatment of chil-
dren and other persons in approved children's
institutions or in any class thereof ;
(A) governing applications by approved corporations for
payments under this Act and prescribing the method,
time, manner 4ind the terms and conditions for the
payment thereof and providing for the suspension
and withholding of payments and for the making of
deductions from payments;
(j) defining criteria that shall be used by the Minister
in determining need under subsection 3 (1);
(j) prescribing classes of persons other than children
for whom payment shall be made under section 6 ;
{k) prescribing the manner of computing the costs for
the purposes of sections 5 and 6 and prescribing
classes of payment for the purposes of those sections
and determining the amount of any such payment ;
(/) requiring approved corporations and approved chil-
dren's institutions to provide such information as is
prescribed and prescribing the persons to whom such
information is to be given ;
(m) prescribing the accounts and records to be kept by
approved corporations and approved children's in-
stitutions, the claims, returns and reports to be made
and budgets to be submitted to the Minister by
approved corporations and the method, time and
manner in which such claims, returns and reports
shall be made ;
(n) providing for the recovery by an approved corpora-
tion or Ontario from the person or persons in whose
charge a child is or from the estate of such person or
persons of any amount paid by the corporation or by
Ontario to the corporation for the cost of the care
and maintenance of the child in an approved chil-
dren's institution and prescribing the circumstances
and the manner in which any such recovery may be
made;
742 Chap. 67 children's institutions Sec. 10 (o)
(o) prescribing additional powers and duties of program
advisers ;
iP) prescribing forms and providing for their use;
{q) establishing procedures by which a determination
may be made by a person or persons of services that
shall be provided in exceptional cases by an
approved children's institution or any class thereof
and prescribing the person or persons who shall
make such determination and what constitutes ex-
ceptional cases ;
(r) providing for the recovery of payments made to
approved corporations under this Act and the regu-
lations. 1978, c. 69, s. 10.
Service n, — (1) Unless otherwise provided for in this Act or the
regulations, any notice required to be given, delivered, filed
or served under this Act or the regulations is sufficiently
given, delivered, filed or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at the person's
last known address.
^<*®'" (2) Where service is made by mail, the service shall be
deemed to be made on the tenth day after the day of mailing
unless the person on whom service is being made establishes
that the person did not receive it or did not, acting in good
faith, through absence, accident, illness or other cause
beyond the person's control, receive the notice or order until
a later date. 1978, c. 69, s. 11.
Offences 12. Every person who,
(a) knowingly furnishes false information in any ap-
plication under this Act or in any statement,
report or return required to be furnished under
this Act or the regulations; or
(b) contravenes any provision of section 7,
and every director, officer or employee of a corporation who
knowingly concurs in such furnishing of false information,
or contravention by the corporation, is guilty of an offence
and on conviction is liable to a fine of not more than $2,000 or to
imprisonment for a term of not more than two years, or to
both. 1978, c. 69, s. 12.
Sec. 2 (2) (a) children's law reform Chap. 68 743
CHAPTER 68
Children's Law Reform Act
PART I
EQUAL STATUS OF CHILDREN
1. — (1) Subject to subsection (2), for all purposes of the^^^°jj^g
law of Ontario a person is the child of his or her natural
parents and his or her status as their child is independent
of whether the child is bom within or outside marriage.
(2) Where an adoption order has been made, section 86^ce^onfor
or 87 of the Child Welfare Act applies and the child is the cwwren
child of the adopting parents as if they were the natural ^^^*^
parents.
1980,
(3) The parent and child relationships as determined under ^\a'Jion-
subsections (1) and (2) shall be followed in the determination swps
of other kindred relationships flowing therefrom.
(4) Any distinction at common law between the status 9°™™°? i*'^,
^ ' J . distinction of
of children bom in wedlock and bom oiit of wedlock is legitimacy
abolished and the relationship of parent and child and
kindred relationships flowing therefrom shall be deter-
mined for the purposes of the common law in accordance
with this section. 1977, c. 41, s. 1.
2. — (1) For the purposes of construing any instrument, ^^a^l^oj^^^j^jj
Act or regulation, unless the contrary intention apf)ears,
a reference to a person or group or class of persons
described in terms of relationship by blood or marriage
to another person shall be construed to refer to or include
a f)erson who comes within the description by reason of
the relationship of parent and child as determined under
section 1.
(2) Subsection (1) applies to, Application
(a) any Act of the Legislature or any regulation,
order or by-law made under an Act of the Legis-
lature enacted or made before, on or after the
31st day of March, 1978; and
744
Chap. 68
children's law reform
Sec. 2 (2) (b)
(b) any instrument made on or after the 31st day of March,
1978. 1977, c. 41, s. 2.
PART II
ESTABLISHMENT OF PARENTAGE
Court under 3^ fhc couft having jurisdiction for the purposes of
sections 4 to 7 shall be the Unified Family Court in the
Judicial District of Hamilton-Wentworth and the Supreme
Court in the other parts of Ontario. 1977, c. 41, s. 3.
Application
for
4. — (1) Any person having an interest may apply to a
declaration court for a declaration that a male person is recognized in
law to be the father of a child or that a female person
is the mother of a child.
Declaration
of paternity
recognized
at law
(2) Where the court finds that a presumption of paternity
exists under section 8 and unless it is established, on the
balance of probabilities, that the presumed father is not the
father of the child, the court shall make a declaratory order
confirming that the paternity is recognized in law.
Declaration
of
maternity
(3) Where the court finds on the balance of probabilities
that the relationship of mother and child has been estab-
lished, the court may make a declaratory order to that effect.
Idem
(4) Subject to sections 6 and 7, an order made under
this section shall be recognized for all purposes. 1977, c. 41,
s. 4.
Application 5. — (1) Where there is no person recognized in law under
declaration of section 8 to be the father of a child, any person may apply
whe%°ncf to the court for a declaration that a male person is his or
presumption j^gj- father, or any male person may apply to the court for
a declaration that a person is his child.
Limitation
(2) An application shall not be made under subsection (1)
unless both the persons whose relationship is sought to be
established are hving.
Declaratory
order
(3) Where the court finds on the balance of probabilities
that the relationship of father and child has been estab-
lished, the court may make a declaratory order to that
effect and, subject to sections 6 and 7, the order shall be
recognized for all purposes. 1977, c. 41, s. 5.
Sec. 8 (2) children's law reform Chap. 68 745
6. Where a declaration has been made under section ^^^^
4 or 5 and evidence becomes available that was not evidence
available at the previous hearing, the court may, upon
application, discharge or vary the order and make such
other orders or directions as are ancillary thereto. 1977, c. 41,
s. 6.
7. An appeal lies from an order under section 4 or 5 or a Appeal
decision under section 6 in accordance with the rules of the
court. 1977, c. 41, s. 7.
g._(l) Unless the contrary is proven on a balance of J^f°|^i"°°
probabilities, there is a presumption that a male person parentage
is, and he shall be recognized in law to be, the father of a
child in any one of the following circumstances :
1. The person is married to the mother of the child
at the time of the birth of the child.
2. The person was married to the mother of the child
by a marriage that was terminated by death or judg-
ment of nullity within 300 days before the birth of
the child or by divorce where the decree nisi was
granted within 300 days before the birth of the child.
3. The person marries the mother of the child after
the birth of the child and acknowledges that he is
the natural father.
4. The person was cohabiting with the mother of the
child in a relationship of some permanence at the
time of the birth of the child or the child is bom
within 300 days after they ceased to cohabit.
5. The person and the mother of the child have
filed a statutor>' declaration under subsection 6 (8)
of the Vital Statistics Act or a request under subsection 6 R so. i98o,
c 524
(5) of that Act, or either under a similar provision under
the corresponding Act in another jurisdiction in Canada.
6. The person has been found or recognized in his life-
time by a court of competent jurisdiction in Canada
to be the father of the child.
(2) For the purpose of subsection (1), where a man and where
woman go through a form of marriage with each other, in void
good faith, that is void and cohabit, they shall be deemed to
be married during the time they cohabit and the marriage
shall be deemed to be terminated when they cease to cohabit.
746
Chap. 68
children's law reform
Sec. 8 (3)
Conflicting
presump-
tions
(3) Where circumstances exist that give rise to a pre-
sumption or presumptions of paternity by more than one
father under subsection (1), no presumption shall be made as
to paternity and no person is recognized in law to be the
father. 1977, c. 41, s. 8.
9. A written acknowledgment of parentage that is ad-
mitted in evidence in any civil proceeding against the
Admissi-
bility In
evidence of
&clcnowl6(lfir-
ment against interest of the person making the acknowledgment is
interest prima facte proof of the fact. 1977, c. 41, s. 9.
Approved
blood tests
10. — (1) Upon the application of a party in a civil
proceeding in which the court is called upon to determine
the parentage of a child, the court may give the party
leave to obtain blood tests of such persons as are named in
the order granting leave and to submit the results in evidence.
attached"^ (2) Leave under subsection (1) may be given subject to
such terms and conditions as the court thinks proper.
from refusal ^^^ Where leave is given under subsection (1) and a
person named therein refuses to submit to the blood test,
the court may draw such inferences as it thinks appropriate.
Consent (4) Where a person named in an order granting leave
incapacity under subsection (1) is not capable of consenting to having
a blood test taken, the consent shall be deemed to be
sufficient,
(a) where the person is a minor of the age of sixteen
years or more, if the minor consents;
(h) where the person is a minor under the age of
sixteen years, if the person having the charge of
the minor consents ; and
(c) where the person is without capacity for any
reason other than minority, if the person having
his charge consents and a legally qualified medical
practitioner certifies that the giving of a blood sample
would not be prejudicial to his proper care and
treatment. 1977, c. 41, s. 10.
fc^^o*d°°^ 11. The Lieutenant Governor in Council may make
tests regulations governing blood tests for which leave is given
by a court under section 10 including, without limiting the
generality of the foregoing.
(a) the method of taking blood samples and the
handling, transportation and storage thereof;
Sec. 15 children's law reform Chap. 68 747
(b) the conditions under which a blood sample may be
tested ;
(r) designating persons or facilities or classes thereof
who are authorized to conduct blood tests for the
purposes of section 10;
(d) prescribing procedures respecting the admission of
reports of blood tests in evidence ;
(e) prescribing forms for the purpose of section 10
and this section and providing for their use. 1977,
c. 41, s. 11.
12. — (1) Any person may file in the office of the Registrar 1^**^^.^°^^^^^
General a statutory declaration, in the form prescribed by of paternity
the regulations, affirming that he is the father of a child.
(2) Upon application and upon payment of the fee an^opies
prescribed under the Vital Statistics Act, any person having
an interest may inspect any relevant statutory declaration
filed under subsection (1) and obtain a certified copy thereof
from the Registrar General. 1977, c. 41, s. 12.
13. Upon application and upon payment of the fee pre- of^fn^°°
scribed under the Vital Statistics Act, any person who has under
an interest, furnishes substantially accurate particulars and ^ ^.^
satisfies the Registrar General as to his reason for requiring
it may inspect any statutory declaration filed under subsec-
tion 6 (8) of the Vital Statistics Act or any request filed under
subsection 6 (5) of that Act and obtain a certified copy thereof from
the Registrar General. 1977, c. 41, s. 13.
14. — (1) The registrar or clerk of every court in Ontario ^ourtf "'^
shall furnish the Registrar General with a statement in decisions
the form prescribed by the regulations respecting each parenuge
order or judgment of the court that confirms or makes a
finding of parentage.
(2) Upon application and upon payment of the fee by^^buc"
prescribed under the Vital Statistics Act, any person may
inspect an order or judgment filed under subsection (1) and
obtain a certified copy thereof from the Registrar General.
1977, c. 41, s. 14.
1 5. A certificate certifying a copy of a document to be a copfls ai
true copy, obtained under section 12, 13 or 14, purporting evidence
to be signed by the Registrar General or Deputy Registrar
748
Chap. 68
children's law reform
Sec. IS
General or on which the signature of either is lithographed,
printed or stamped is, without proof of the office or signature
of the Registrar General or Deputy Registrar General, receiv-
able in evidence as prima facie proof of the filing and contents
of the document for all purposes in any action or proceeding.
1977, c. 41, s. 15.
Duties of
Reg:l8trar
General
16. Nothing in this Act shall be construed to require the
Registrar General to amend a registration showing parentage
other than in recognition of an order made under section 4,
5 or 6. 1977, c. 41, s. 16.
Sr*form8°"* 17. The Lieutenant Governor in Council may make
regulations prescribing forms for the purposes of this Part.
1977, c. 41, s. 17.
Sec. 2 (2) children's mental health Chap. 69 749
CHAPTER 69
Children's Mental Health Services Act
1. In this Act, ^aMoT"-
(a) "approved children's mental health centre" means a
children's mental health centre approved under
section 6;
(b) "approved corporation" means a corporation ap-
proved under section 5;
(c) "children's mental health centre" means all or any
part of a building or buildings maintained and
operated to provide services for children suffering
from mental, emotional or psychiatric disorders or
any combination thereof;
(d) "Director" means an employee of the Ministry
appointed by the Minister as a director for all or
any of the purposes of this Act;
{e) "Minister" means the Minister of Community and
Social Services;
(/) "Ministry" means the Ministry of Community and
Social Services ;
{g) "regulations" means the regulations made under
this Act. 1978, c. 67, s. 1.
2. — (1) The Minister may appoint one or more persons ofPgf^ctor^^
to act as a Director.
(2) A Director shall perform the duties imposed and may gf^*^o°/
exercise the powers conferred upon a Director by this Act
or the regulations or by any other Act or regulation there-
under.
750
Chap. 69
children's mental health
Sec. 2 (3)
Acting:
Director
(3) Where a Director is absent or there is a vacancy in
the office of a Director, the powers and duties of the Director
shall be exercised and performed by such employee of the
Ministry as the Minister designates. 1978, c. 67, s. 2.
Centres
established
^nTi
Inlster
3. The Minister, with the approval of the Lieutenant
Governor in Council, may estabhsh, operate and maintain
one or more children's mental health centres. 1978, c. 67, s. 3.
Existing
hospitals
to continue
4. — (1) Subject to this Act and the regulations, a hospital
established under section 2 of The Children's Mental Hospitals
Act, being chapter 69 of the Revised Statutes of Ontario,
1970 or designated under the regulations made under that
Act before the 15th day of June, 1979, shall be deemed to continue
as a children's mental health centre under section 3 of this Act until
the establishment or designation is revoked by the Lieutenant
Governor in Council.
Board of
fovernors
o continue
(2) Subject to this Act and the regulations, a board of
governors appointed under section 4 of The Children's
Mental Hospitals Act, being chapter 69 of the Revised
Statutes of Ontario, 1970 before the 15th day of June, 1979, shall
be deemed to continue as a board under this Act as if section 4 of
The Children's Mental Hospitals Act were in force, until the
appointment of the board is revoked by the Lieutenant Governor
in Council.
Children's
mental
health
centres to
continue
(3) Subject to this Act and the regulations, a children's
mental health centre designated as such by the regulations
under The Children's Mental Health Centres Act, being
chapter 68 of the Revised Statutes of Ontario, 1970 before
the ISth day of June, 1979, shall be deemed to be an approved
children's mental health centre until the approval is suspended or
revoked.
Corporations (4) Subject to this Act and the regulations, a corporation
that operates a children's mental health centre designated
as such by the regulations under The Children's Mental
Health Centres Act, being chapter 68 of the Revised Statutes
of Ontario, 1970 before the 15th day of June, 1979, shall be
deemed to be an approved corporation until the approval is sus-
pended or revoked. 1978, c. 67, s. 4.
cmKafions *• — (^) Where the Minister is satisfied that any corporation
is, with financial assistance under this Act and the regu-
Sec. 7 (2) children's MENTAL HEALTH Chap. 69 751
lations, financially capable of establishing, maintaining and
operating a children's mental health centre and that its
affairs are carried on under competent management in good
faith, the Minister may approve the corporation for the
purposes of this Act and the regulations.
(2) Where the Minister intends to approve a corporation Jj^i^oJ^
under subsection (1), the Minister may enter into an agree-
ment with the corporation for the establishment of a
children's mental health centre upon such terms and con-
ditions as may be agreed and may direct payment of
expenditures as are necessary- for the purpose. 1978, c. 67, s. 5.
6.— (1) Where the Minister is satisfied that all or any bX°nS°'
part of a building or buildings is suitable for providing
services as a children's mental health centre in accordance
with this Act and the regulations and that there is a need
for a children's mental health centre in the area served or
to be served by the centre, the Minister may approve all or
any part of the building or buildings, as the case may be,
as a children's mental health centre and assistance may be
given under this Act and the regulations for the rnaintenance
and operation of the children's mental health centre.
(2) An approval given under subsection (1) or under section ^^^^^
5 may take effect on any date fixed by the Minister that is approval
prior to the date on which the approval is given, but in no
case shall the date upon which the approval under sub-
section (1) takes effect precede the date on which the approval
given under section 5 to the corporation maintaining and
operating the children's mental health centre takes effect.
1978, c. 67, s. 6.
7. — (1) Subject to this section, any approval given under suspension
section 5 or 6 may be suspended or revoked by the Minister revocation
J r J of approvals
where,
(a) any director, officer or employee of the approved
corporation has contravened or knowingly permitted
any person under the control and direction of the
director, officer or employee, as the case may be,
to contravene any provision of this Act or the
regulations; or
{b) the approval would be refused if application were
being made for it in the first instance.
(2) Subject to subsection (10), where the Minister proposes ^om^/
to suspend or revoke an approval given under section 5 or 6, ^Jl^g^e^
752
Chap. 69
children's mental health
Sec. 7 (2)
Notice
requiring
hearing
Powers of
Minister
where no
hearing
the Minister shall, except where the approval is suspended or
revoked with the consent of the approved corporation, serve
notice of the Minister's proposal to suspend or revoke the
approval, together with written reasons therefor, on the
approved corporation.
(3) A notice under subsection (2) shall inform the approved
corporation that it is entitled to a hearing under this section
if the corporation mails or delivers, within fifteen days after
the notice under subsection (2) is served on it, notice in writ-
ing, to the Minister requiring a hearing and the corporation
may so require a hearing.
(4) Where the approved corporation does not require a
hearing under this section in accordance with subsection
(5), the Minister may carry out the proposal stated in the
Minister's notice under subsection (2) without a hearing.
Hearing (5) Where the approved corporation requires a hearing
under subsection (3), the Minister shall cause a hearing to be
held to determine whether the approval should be suspended
or revoked.
Idem
(6) Where the Minister causes a hearing to be held, the
hearing shall be held by a person or persons appointed by
the Minister other than a person or persons in the employ-
ment of the Ministry.
Application
of
R.S.O. 1980,
c. 484
Report to
Minister
(7) Sections 4 to 16 and 21 to 24 of the Statutory Powers
Procedure Act apply with respect to a hearing under this section.
(8) The person or persons holding a hearing under this
section shall, at the conclusion of the hearing, make a
report to the Minister setting out,
(a) the findings of fact and any information or know-
ledge used by the person or persons in making any
recommendations, any conclusions of law arrived at
relevant to the recommendations; and
(6) the recommendations of the person or persons
as to the suspension or revocation of the approval,
and shall send a copy of the report to the persons affected
by the report.
master °^ (9) After considering a report made under this section,
the Minister may suspend or revoke the approval to which
the report relates and shall give notice of the Minister's
Sec. 9 (1) children's mental health Chap. 69 753
decision to the persons affected, sp)ecifying the reasons there-
for.
(10) Notwithstanding anything in this section, the Minis- |^o^^o^
ter, by notice to the persons affected and without a hearing, ofapprovai
may provisionally suspend an approval given under this Act
where the continuation of operations in accordance with the
approval is, in the Minister's opinion, a threat to the health,
safety or welfare of the children in the children's mental
health centre and the Minister so states in such notice giving
reasons therefor, and thereafter the Minister shall cause a
hearing to be held and the provisions of subsections (2) to (9)
apply. 1978, c. 67, s. 7.
8. In determining need for the purposes of sections 6 and 7, ^^^^;.
the Minister shall take into account in addition to all other of need
relevant considerations,
(a) the services for children provided in approved
children's mental health centres that exist;
(b) the services for children that are available other
than in approved children's mental health centres;
(c) the number of children requiring the services of
children's mental health centres;
{d) the predictable continuing demand for children's
mental health centres,
in the area, or in the area and any other area served or to
be served by the children's mental health centre,
(e) the relative priority of the program of the children's
mental health centre in relation to all other pro-
grams for children funded by the Ministry;
(/) the funds available to provide continuing services
for children in approved children's mental health
centres; and
{g) the place or places of residence of the children
served or to be served by the children's mental
health centre. 1978, c. 67, s. 8.
O. — (1) The Minister may designate in writing any person ^J^|^™
to be a program adviser with such powers and duties for
the purposes of this Act and the regulations and subject to
such limitations, restrictions, conditions and requirements as
the Minister may set out in the designation.
7S4
Chap. 69
children's mental health
Sec. 9 (2)
Remunera-
tion and
expenses
Powers of
program
advisers
(2) The remuneration and expenses of any person appointed
under subsection (1) who is not in the employ of the public
service of Ontario shall be fixed by the Minister and shall
be paid out of the moneys appropriated therefor by the
Legislature.
(3) A program adviser may at all reasonable times and,
upon producing proper identification,
{a) enter any children's mental health centre and
inspect the facilities, the services provided and the
books of account and other records therein; and
(6) inspect the books of account and other records of
an approved corporation that pertain to a children's
mental health centre.
Access for
Inspections
(4) Every person when requested so to do by a program
adviser shall permit the entry and inspection by the program
adviser of the premises referred to in subsection (3) and shall
produce and permit inspection of the books of account and
other records therein and supply extracts therefrom.
Obstructing
inspection
By-laws
Purchase of
services
(5) No person shall hinder or obstruct a program adviser
in the performance of the program adviser's duties or refuse
to permit the program adviser to carry out such duties or
refuse to furnish the program adviser with information or
furnish the program adviser with false information. 1978,
c. 67, s. 9.
10. The by-laws of every approved corporation shall
contain such provisions regarding the formation and com-
position of the board of directors of the approved corporation
as the regulations prescribe and a certified copy of the by-
laws and any amendments thereto shall be filed with a
Director forthwith after they are made. 1978, c. 67, s. 10.
11. Th^ Minister may, by written agreement or otherwise
and upon such terms and conditions as may be agreed,
purchase from any person, services for or on behalf of
children suffering from mental, emotional or psychiatric
disorders or any combination thereof and may direct pay-
ment of expenditures as are necessary for the purpose. 1978,
c. 67, s. 11.
Regula-
tions
12. The Lieutenant Governor in Council may make
regulations governing the management, operation and use of
approved children's mental health centres and classes thereof,
and, without limiting the generality of the foregoing, may
make regulations.
Sec. 12 (i) CHILDREN'S MENTAL HEALTH Chap. 69 755
(a) governing the admission of persons to and their
discharge from approved children's mental health
centres, prescribing the conditions of eligibility
and procedures for such admission and discharge;
{b) exempting designated,
(!) approved corporations, or
(ii) approved children's mental health centres,
or any class thereof from specified provisions of
this Act or the regulations for such period or periods
of time as the regulations prescribe;
(c) governing the accommodation, facilities, equipment
and services to be provided in approved children's
mental health centres or any class thereof;
{d) prescribing the qualifications of jjersons employed
in approved children's mental health centres or any
class thereof and prescribing the powers and duties
of such persons;
{e) governing the establishment, location and con-
struction of approved children's mental health
centres or any class thereof and their alteration and
renovation ;
(/) prescribing the classes of pajonents by way of pro-
vincial aid to any approved corporation, or approved
children's mental health centre or class thereof and
the methods of determining the amounts of pay-
ments and providing for the manner and time of
payment and the terms and conditions for the pay-
ment thereof and the suspension and withholding of
payments and for the making of deductions from
payments ;
{g) prescribing additional powers and duties of program
advisers ;
(A) prescribing provisions to be included in the by-
laws of approved corporations;
(t) prescribing the accounts and records to be kept,
claims, returns and reports to be made and requiring
budgets to be submitted by approved children's
mental health centres and approved corporations;
756
Chap. 69
children's mental health Sec. 12 (j)
Service
Idem
(J) prescribing forms and providing for their use;
(k) for the purposes of this Act and the regulations,
defining "services" and "facihties" and prescribing
classes of services and facilities;
{I) establishing procedures by which a determination
may be made by a person or persons of services that
shall be provided in exceptional cases by an approved
children's mental health centre or any class thereof
and prescribing the person or persons who shall
make such determination and what constitutes
exceptional cases ;
(m) prescribing programs to be provided in an approved
children's mental health centre or any class thereof;
(«) prescribing additional powers and duties of a
Director ;
(o) requiring approved corporations and approved chil-
dren's mental health centres to provide such informa-
tion as is prescribed and prescribing the persons to
whom such information is to be given. 1978, c. 67,
s. 12.
13. — (1) Unless otherwise provided for in this Act or the
regulations, any notice required to be given, delivered, filed
or served under this Act or the regulations is sufficiently
given, delivered, filed or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at the person's
last known address.
(2) Where service is made by mail, the service shall be
deemed to be made on the tenth day after the day of mailing
unless the person on whom service is being made establishes
that the person did not receive it or did not, acting in good
faith, through absence, accident, illness or other cause beyond
the person's control, receive the notice until a later date.
1978, c. 67, s. 13.
Offences
14. — (1) Every person who,
(a) knowingly furnishes false information in any ap-
plication under this Act or in any statement,
report or return required to be furnished under
this Act or the regulations; or
{b) contravenes any provision of section 9,
Sec. 14 (2) children's mental health Chap. 69 757
and every director, officer or employee of a corporation who
knowingly concurs in such furnishing of false information,
or contravention by the corporation, is guilty of an offence
and on conviction is liable to a fine of not more than $2,000 or to
imprisonment for a term of not more than two years, or to both.
(2) Where a corporation is convicted of an offence under co't>o'^*"°°*
subsection (1), the maximum penalty that may be imposed
upon the corporation is $10,000 and not as provided therein.
1978, c. 67, s. 14.
Sec. 4 children's probation Chap. 70 759
CHAPTER 70
^Children's Probation Act
1. In this Act, Interpre-
' tation
(a) "court" means a provincial court (family division)
or the Unified Family Court ;
(b) "Minister" means the Minister of Community and
Social Services;
(c) "Ministry" means the Ministry of Community and
Social Services ;
{d) "probationer" means a person who is bound by a
probation order made under the Juvenile Delinquents fj-2^^^-
Act (Canada). 1978, c. 41, s. 1.
2. — (1) Such probation officers as are considered necessary ^°g^^*°°
for the purposes of this Act may be appointed under the appointed
Public Service Act. ^ s.,o. i98o.
(2) The Minister may designate any person, other than ^^^^''g^^o"
a person who is appointed a probation officer under subsection designated
(1), as a probation officer for the purpose of this Act but
every such designated probation officer shall exercise the
powers and perform the duties assigned to the probation
officer under the supervision and direction of a probation
officer appointed under subsection (1).
(3) Every probation officer appointed under subsection (1) i^^?-
or designated under subsection (2) is a probation officer in and
for the Province of Ontario. 1978, c. 41, s. 2.
3. The Minister may enter into written agreements with Agreements
any person upon such terms and conditions as may be agreed
to respecting the provision of probation services. 1978,
c, 41, s. 3.
4. It is a function of a probation officer to assist a^onctions
probationer in relation to the court process by explaining probation
in language suitable to his or her age and level of under-
standing the proceedings and decisions affecting the probationer
and, in general, to provide guidance and advice to a pro-
bationer and his or her family for the purpose of helping the
probationer adjust to and benefit from participation in
community life. 1978, c. 41, s. 4.
760
Chap. 70
children's probation
Sec. 5 (1)
Duties of
probation
officer
Variation
of
direction
5. — (1) It is the duty of a probation officer,
{a) to procure and report to a court such information
pertaining to a person found to have been dehnquent
as the court may require for the purpose of making a
disposition of the case ;
{b) to make recommendations in the report referred to
in clause (a) as to the disposition of the case upon
being requested by the court;
(c) to comply with any direction made to the probation
officer by a court in a probation order.
(2) Where a probation officer is of the opinion that compli-
ance with a direction issued by a court is impracticable or
impossible, the probation officer may apply to the court for
a variation of its direction, and, the court, upon consideration
of the reasons for the application, may vary its direction to
the probation officer as it considers appropriate in the
circumstances. 1978, c. 41, s. 5.
6. In addition to the duties of a probation officer referred
Duties
assigned by . . _ . ^
Minister to m section 5, a probation officer shall perform such other
1978. c. 41.
duties as are assigned to him by the Minister.
s. 6.
Regruiations 7^ Jhe Lieutenant Governor in Council may make regu-
lations,
{a) respecting the qualifications, duties and powers of
probation officers ;
(b) prescribing the reports and returns to be made by
probation officers. 1978, c. 41, s. 7.
Sec. 1 (c) (v) children's RESIDENTIAL SERVICES Chap. 71 761
CHAPTER 71
Children's Residential Services Act
1. In "this Act, Interpre-
' tation
(a) "Board" means The Children's Services Review
Board;
(b) "child" means a boy or girl actually or apparently
under eighteen years of age;
(c) "children's residence" means all or any part of a
building or buildings in which three or more
children not of common parentage reside away
from the home of their parents or guardians
primarily for the purpose of receiving residential
care, and includes a foster home or any other home
or institution in which three or more children not
of common parentage reside and that is supervised
or operated by a children's aid society under the
Child Welfare Act, whether or not the children ^^.o. i980,
are Crown wards or wards of the society, but does
not include,
(i) a house that is licensed under the Private •* so. i980.
Hospitals Act,
(ii) a day nursery within the meaning of the
Day Nurseries Act, RS.o. i98o,
-^ * c. Ill
(m) a summer camp under the Public Health *^ so. iqso,
Act,
(iv) a home for special care under the Homes for R so. i98o.
Special Care Act,
(v) part of a public school, separate school, private
school or a school for trainable retarded children
under the Education Act, ^ s.o. i98o,
' c. 129
762 Chap. 71 children's residential services Sec. 1 (c) (vi)
(vi) a hostel intended for short-term accommo-
dation, or
(vii) a hospital that is in receipt of financial aid
from the Province of Ontario;
(d) "Director" means an employee of the Ministry
appointed by the Minister as a director for all or
any of the purposes of this Act;
(e) "licence" means a licence issued under this Act;
(/) "Minister" means the Minister of Community and
Social Services;
(g) "Ministry" means the Ministry of Community and
Social Services;
(h) "operator" means a person who has control or
management of a children's residence and "operate"
has a corresponding meaning;
(t) "regulations" means the regulations made under
this Act;
{j) "residential care" means boarding or lodging, or
both, and may include specialized, sheltered or group
care in conjunction with the boarding or lodging,
or both. 1978, c. 70, s. 1.
o/'5?rector°* 2. — (1) The Minister may appoint one or more persons
to act as a Director.
Directo°/ ^^^ ^ Director shall perform the duties imposed and may
exercise the powers conferred upon a Director by this Act
or the regulations or by any other Act or regulation there-
under.
Direcfor ("^^ Where a Director is absent or there is a vacancy in
the office of a Director, the powers and duties of the Director
shall be exercised and performed by such employee of the
Ministry as the Minister designates. 1978, c. 70, s. 2.
Sec. 4 (1) ib) children's residential services Chap. 71 763
3. — (1) The Lieutenant Governor in Council may appoint J/*^}"^™*"'
a board to be known as The Children's Services Review ||^<^8
Board composed of such number of members eis is prescribed Board
by the regulations.
(2) A member of the Board may be appointed for a term J'^'^°'
not exceeding three years.
(3) Three members of the Board constitute a quorum. Quorum
(4) One of the members of the Board shall be appointed JJd*\rt?e*-°
by the Lieutenant Governor in Council to be chairman of chairman
the Board and one or more other of the members of the
Board may be appointed by the Lieutenant Governor in
Council to be vice-chairman of the Board.
(5) Each member of the Board shall be paid such per Jfi™®"""
diem allowance as the Lieutenant Governor in Council from
time to time determines and each member is entitled to the
member's reasonable and necessary travelling and living
expenses while attending meetings or otherwise engaged in
the work of the Board.
(6) Where. Absence.
chairman
(a) the chairman of the Board is absent or is unable
to act, a vice-chairman designated by the chair-
man; or
{b) the office of the chairman of the Board is vacant,
a vice-chairman designated by the Minister,
has and shall exercise the jurisdiction and power of the
chairman, including the power to complete any unfinished
matter.
(7) The chairman shall from time to time assign various of^fSiblre
members of the Board to its various hearings. 1978, c. 70, s. 3. for hearings
4.— (1) No person shall, ^^^^
{a) establish, operate or maintain a children's residence ;
or
(b) provide, directly or indirectly, residential care for
three or more children not of common parentage
in a place or places away from the home of their
parents or guardians that is not a children's
residence,
764
Chap. 71 children's residential services Sec. 4 (1)
except under the authority of a licence issued by a Director
under this Act.
Issuance
of licence
(2) Subject to section 5, any person who applies in
accordance with this Act and the regulations for a licence
to establish, operate or maintain a children's residence or to
provide the residential care referred to in clause (1) (b), as the case
may be, and pays the prescribed fee is entitled to be issued a
licence by a Director subject to such terms and conditions as the
Director may prescribe.
Idem
(3) Notwithstanding subsection (2), a licence to establish, oper-
ate or maintain a children's residence or to provide the residential
care referred to in clause (1) (6), shall not be issued to a partnership
or association of persons.
Renewal
of licence
(4) Subject to section 5, a Director shall renew a licence of
a children's residence or for the provision of residential care,
as the case may be, on application therefor by the licensee
in accordance with this Act and the regulations and pay-
ment of the prescribed fee, and the renewal shall be subject
to such terms and conditions as the Director may prescribe.
ucemfe°°*^ (5) Subject to section 5, where an applicant for a licence
or a renewal of a licence does not meet all the requirements
for the issuance of a Hcence or renewal thereof and requires
time to meet such requirements, a Director may, subject to
such terms and conditions as the Director may prescribe,
issue a provisional licence for such period or periods as the
Director considers necessary to afford the applicant an
opportunity to meet the requirements.
Not
transferable
(6) A licence is not transferable.
Notice of
change
(7) Where the licensee is a corporation, the licensee shall
notify a Director in writing within fifteen days of any change
in the officers or directors of the corporation. 1978, c. 70, s. 4.
Grounds for 5, — (J) Subject to section 6, a Director may refuse to
issue a hcence where in the Director's opinion,
(a) the applicant or any employee of the applicant or,
where the applicant is a corporation, its officers,
directors or employees is or are not competent to
establish, operate or maintain a children's resi-
dence or to provide the residential care referred to
Sec. 5 (2) (6) children's RESIDENTIAL SERVICES Chap. 71 765
in clause 4 (1) (6), as the case may be, in a responsible
manner in accordance with this Act and the regulations;
(b) the past conduct of the applicant or any employee
of the applicant or, where the applicant is a cor-
poration, of its officers, directors or employees,
affords reasonable grounds for belief that the
children's residence will not be established, operated
or maintained or the residential care provided, as
the case may be, in accordance with this Act and
the regulations; or
(c) the building or buildings or accommodation in
which the apphcant proposes to establish, operate
or maintain the children's residence or to provide
the residential care referred to in clause 4 (1) (6), as the
case may be, does not comply with the requirements of
this Act and the regulations.
(2) Subject to section 6, a Director may refuse to renew S^reftuSf*
or may revoke a licence issued to a children's residence or^'"«°®''
for the provision of residential care, where in the Director's
opinion,
(a) the licensee or any employee of the licensee, or
where the licensee is a corporation, any officer,
director or employee thereof, has contravened or
has knowingly permitted any person under the
control or direction of or associated with the
licensee, officer, director or employee, eis the case
may be, to contravene,
(i) any provision of this Act or the regulations
or of any other Act or the regulations there-
under applying to the establishing, operating
or maintaining of the children's residence or
the providing of residential care, as the case
may be, or
(ii) any term or condition of the licence ;
(6) the building or buildings or accommodation in
which the children's residence is established, oper-
ated or maintained or the residential care is pro-
vided, does not comply with the requirements of
this Act and the regulations;
766
Chap. 71 children's residential services Sec. 5 (2) (c)
(c) the children's residence is established, operated or
maintained or the residential care is provided in a
manner that is prejudicial to the health, safety or
welfare of the children cared for in the children's
residence or place or places where the residential
care is provided;
(d) any person has made a false statement in the
application for the hcence or renewal thereof,
or in any report, document or other information
required to be furnished by this Act or the regu-
lations or by any other Act or regulation that applies
to the children's residence or the provision of resi-
dential care, as the case may be; or
{e) a change in the officers or directors of the applicant
would, if the applicant were applying for the licence
in the first instance, afford grounds for refusing to
issue a licence under clause (1) (b). 1978, c. 70, s. 5.
Notice of
proposal
to refuse
to issue
or to revoke
6. — (1) Where a Director proposes under section 5 to
refuse to issue a licence or to refuse to renew or revoke a
licence issued under that section, the Director shall cause
notice to be served of the Director's proposal, together with
written reasons therefor, on the applicant or the licensee, as
the case may be.
Notice
requiring
bearing
(2) A notice under subsection (1) shall inform the applicant
or licensee, as the case may be, that the applicant or licensee
is entitled to a hearing by the Board if the applicant or
licensee mails or delivers, within fifteen days after the notice
is served on the applicant or licensee, notice in writing to the
Director and to the Board, requiring a hearing and the
applicant or licensee, as the case may be, may so require
such a hearing.
Powers of
Director
where no
hearing
(3) Where an applicant or licensee does not require a
hearing by the Board in accordance with subsection (2), the
Director may carry out the proposal stated in the Director's notice
under subsection (1) without a hearing.
Powers of
Board
where
hearing
(4) Where an applicant or licensee requires a hearing
by the Board in accordance with subsection (2), the Board
shall appoint a time for and hold the hearing and, at the
hearing, may by order direct the Director to carry out the
Director's proposal or refrain from carrying out the Director's
proposal and to take such action as the Board considers the
Director ought to take in accordance with this Act and the
Sec. 8 (2) ib) children's residential services Chap. 71 767
regulations, and, for such purposes, the Board may sub-
stitute its opinion for that of the Director. 1978, c. 70, s. 6.
7. — (1) Where a licensee is dissatisfied with the terms Review
., , , T-.- 11- of terms
and conditions prescribed by a Director under subsection of licence
4 (2), (4) or (5), the licensee may, within fifteen days after the ^
licence is received by the licensee, by written notice given to the
Director and the Board, require a hearing by the Board and the
Board shall appoint a time for and hold a hearing.
(2) The Board, pursuant to a hearing under subsection (1), g^J3°°°^
may affirm the terms and conditions prescribed for the licence by a
Director under subsection 4 (2), (4) or (5) or may cancel such terms
and conditions or may prescribe such other terms and conditions
for the licence in lieu of those prescribed by the Director as it
considers proper.
(3) For the purposes of subsection (1), a licence shall be ^^^^1^'°^
deemed to be received by a licensee on the tenth day after
the day of mailing of the hcence unless the person to whom
the licence is issued establishes that the person did not
receive it or did not, acting in good faith, through absence,
accident, illness or other cause beyond the person's control,
receive the licence until a later date. 1978, c. 70, s. 7.
8. — (1) The Board may extend the time for requiring a Jf\^f°|*°o°r
hearing under section 6 or 7, either before or after expira- ^®']^^^°^
tion of the time fixed in section 6 or 7, as the case may be,
where it is satisfied that there are prima facie grounds for
granting relief to the applicant or licensee pursuant to a
hearing and that there are reasonable grounds for applying for
the extension, and may give such directions as it considers
proper consequent upon the extension.
(2) Subject to section 9, where, within the time prescribed ^4°°"°°*'
therefor or, if no time is prescribed, before expiration of a licence
• ^ * pendinfir
licence, a licensee has applied for renewal of a licence and renewal
paid the prescribed fee, the licence shall be deemed to con-
tinue,
(a) until the renewal is granted; or
(6) where the licensee is served with notice that the
Director proposes to refuse to grant the renewal,
until the time for requiring a hearing has expired
and, where a hearing is required, until the Board
has made its decision. 1978, c. 70, s. 8.
768
Chap. 71 children's residential services
Sec. 9
Provisional
suspension,
etc.
O. Notwithstanding section 6, a Director may, by causing
notice to be served on a Ucensee and without a hearing,
provisionally suspend the licence of the licensee where in the
opinion of the Director the operation of the children's resi-
dence or the provision of residential care is an immediate
threat to the health, safety or welfare of the children cared
for in the children's residence or the place or places where
residential care is provided, as the case may be, and the
Director so states in such notice giving reasons therefor,
and, upon suspension, the provisions of section 6 apply as if
the notice given under this section were a notice of a pro-
posal under subsection 6 (1) to revoke the licence. 1978, c. 70,
s. 9.
Parties
10. — (1) The Director referred to in section 6 or 9, as
the case may be, the applicant or licensee who has applied
for the hearing and such other persons as may be specified
by the Board are parties to proceedings before a Board under
this Act.
Members
holding
hearing
not to nave
taken part
in investi-
gation, etc.
(2) A member of the Board holding a hearing shall not
have taken part before the hearing in any investigation or
consideration of the subject-matter of the hearing and shall
not communicate, directly or indirectly, in relation to the
subject-matter of the hearing with any person or with any
party or the parties' representative except upon notice to and
giving opportunity for all parties to participate, but the Board
may seek legal advice from an adviser independent from the
parties and in such case the nature of the advice should be
made known to the parties in order that they may make
submissions as to the law.
Examina-
tion of
docu-
mentary
evidence
(3) An applicant or hcensee who is a party to proceedings
under section 6 or 7 shall be afforded an opportunity to
examine before the hearing any written or documentary
evidence that will be produced, or any report the contents
of which will be given in evidence at the hearing.
Recording
of
evidence
(4) The oral evidence taken before the Board at a hearing
shall be recorded and, if so required, copies or a transcript
thereof shall be furnished upon the same terms as in the
Divisional Court.
Findings
of fact
R.S.O. 1980,
c. 4«4
Only
members
at hearing
to parti-
cipate in
decision
(5) The findings of fact of the Board pursuant to a hearing
shall be based exclusively on evidence admissible or matters
that may be noticed under sections IS and 16 of the Statutory
Powers Procedure Act.
(6) No member of the Board shall participate in a decision
of the Board pursuant to a hearing unless he was present
Sec. 13 (1) (6) children's RESIDENTIAL SERVICES Chap. 71 769
throughout the hearing and heard the evidence and argument
of the parties and, except with the consent of the parties, no
decision of the Board shall be given unless all members so
present participate in the decision.
(7) Notwithstanding section 21 of the Statutory Powers '"'nai
Procedure Act, the Board shall reach a final decision or Board
order and send notice thereof within ninety days from the date that R^ o 19x0,
the notice under section 6 or 7, as the case may be, requesting the '^
hearing, has been received by the Board. 1978, c. 70, s. 10.
11. — (1) Any party to the proceedings before the Board ^J*^^,;
may appeal from its decision or order to the Divisional Court
in accordance with the rules of court.
(2) Where notice of an appeal is served under this section, SfmSin
the Board shall forthwith file with the Registrar of the^°'^'"*^
Supreme Court the record of the proceedings before it in
which the decision or order appealed from was made, which,
together with the transcript of evidence before the Board if
it is not part of the Board's record, shall constitute the
record in the appeal.
(3) The- Minister is entitled to be heard, by counsel or ^^f}S|d"
otherwise, on the argument of an appeal under this section. ^° J®^
(4) The Divisional Court may affirm the decision of the co°Jrt'^n ^
Board appealed from or may rescind it and make such new appeal
decision as the court considers proper and, for such purpose,
the court may exercise all the powers of the Board after a
hearing before it and may substitute its opinion for that of
the Board. 1978, c. 70, s. 11.
12. Where the licence to operate a children's residence ^j^^ °^
or to provide residential care, as the case may be, is sus-
pended or revoked, the parent or guardian of each child in
the children's residence or in receipt of residential care shall
arrange for the removal of the child as soon as is practicable
having regard to the best interests of the child, and the
Minister may assist in finding alternative residential care for
the child. 1978, c. 70, s. 12.
13. — (1) The Minister may, at any time, Warrant
•^ -^ for entry
and occupa-
(a) during the course of proceedings under sections 6 ^*°°
to 11; or
{b) where a licence to operate a children's residence or
to provide residential care, as the case may be, is
suspended or. revoked.
770
Chap. 71 children's RESIDENTIAL SERVICES Sec. 13(1)
apply ex parte to the county or district court of the county
or district in which the children's residence is situate, or
where the residential care is provided, for a warrant direct-
ing the sheriff to put the Minister or persons authorized by
the Minister in occupation of the children's residence or the
place or places where the residential care is provided, pending
the outcome of the proceedings, or when the revocation
becomes final, as the case may be, until alternative accom-
modation may be found for the children who are being cared
for and where the court is satisfied that it is necessary for
the health, safety or welfare of the children being cared for,
the court may issue a warrant and the sheriff shall forth-
with execute the warrant and make a return to the court
of the execution thereof.
Interim
maiiaRe-
inent
R.S.O. 1980.
C. 148
(2) Where a warrant has been issued under subsection (1), the
Minister may, notwithstanding sections 25 and 41 of the
Expropriations Act, immediately occupy and operate or arrange
for the occupation and operation by a person designated by the
Minister of the children's residence or place or places where
the residential care is provided for a period not exceeding six
months, but all the rights of the owner under that Act, except
those rights necessary to permit occupation and operation of
the residence, including occupation and operation beyond the
expiration of the term of any lease, are preserved.
Records
(3) Where a licence to operate a children's residence or
to provide residential care, as the case may be, is revoked,
the operator and owner of the residence shall, where re-
quested by the Minister, hand over to the Minister, or a
person designated by the Minister, all the records that are in
the possession or control of the operator or owner, as the
case may be, and that pertain to the children in the resi-
dence. 1978, c. 70, s. 13.
Program
adviser
Remunera-
tion and
expenses
Powers of
program
advisers
14. — (1) The Minister may designate in writing any
person to be a program adviser with such powers and duties
for the purposes of this Act and the regulations and sub-
ject to such limitations, restrictions, conditions and require-
ments as the Minister may set out in the designation.
(2) The remuneration and expenses of any person appointed
under subsection (1) who is not in the employ of the public
service of Ontario shall be fixed by the Minister and shall
be paid out of the moneys appropriated therefor by the
Legislature.
(3) A program adviser may, at all reasonable times and
upon producing proper identification, enter any children's
residence or premises where the residential care described
Sec. 16 (ft) children's RESIDENTIAL SERVICES Chap. 71 771
in clause 4 (1) (ft) is provided that the program adviser on reason-
able and probable grounds believes is being used as a children's
residence or to provide residential services and inspect the
facilities, the services provided and the books of account, and
other records therein.
(4) Every p)erson when requested so to do by a program j^g'^^^tio^
adviser shall permit the entry and inspection by the pro-
gram adviser of the premises referred to in subsection (1) and
shall produce and permit inspection of the books of account
and other records therein and supply extracts therefrom.
(5) No person shall hinder or obstruct a program adviser ^^^'■"^^"
in the performance of the program adviser's duties or refuse inspection
to permit the program adviser to carry out such duties or
refuse to furnish the program adviser with information or
furnish the program adviser with false information. 1978,
c. 70, s. 14.
15. — (1) A Director may apply to the Supreme Court by prSeedin^
originating notice for an order enjoining any person,
(a) acting in contravention of subsection 4 (1); or
(ft) operating a children's residence or providing resi-
dential care where the person's licence has been
provisionally suspended under section 9,
and the court in its discretion may make such an order and
the order may be entered and enforced in the same manner
as any other order or judgment of the Supreme Court.
(2) Any person may apply to the Supreme Court for an i^em
order varying or discharging any order made under sub-
section (1). 1978, c. 70, s. 15.
16. The Lieutenant Governor in Council may make Regulations
regulations governing the management, operation and use
of children's residences, and premises where residential
care is provided under the authority of a licence and classes
of either of them, and, without limiting the generality of the
foregoing, may make regulations,
(a) defining "common parentage" for the purposes of
clause 1 (c) and clause 4 (1) (ft);
(ft) prescribing additional powers and duties of a
Director ;
772 Chap. 71 children's RESIDENTIAL SERVICES ScC. 16 (c)
(c) prescribing additional powers and duties of program
advisers ;
(d) governing the issuance, renewal and expiration of
licences referred to in section 4 and the fees pay-
able by an applicant for a licence or renewal thereof ;
{e) governing the establishment of and the accom-
modation, facilities, equipment and services to be
provided in,
(i) a children's residence, and
(ii) premises where residential care is provided
under the authority of a licence,
or any class thereof;
(/) exempting designated,
(i) children's residences, or
(ii) premises where residential care is provided
under the authority of a licence,
or any class thereof from specified provisions of
this Act or the regulations for such period or
periods of time as the regulations prescribe;
(g) prescribing the accounts and records to be kept and
the returns and reports by licensees;
(h) prescribing the qualifications of persons supervising
children in,
(i) a children's residence, or
(ii) premises where residential care is provided
under the authority of a licence,
or any class thereof and prescribing the powers
and duties of such persons;
{i) governing the admission to and discharge of chil-
dren from,
(i) children's residences, or
(ii) premises where residential care is provided
under the authority of a licence,
or any class thereof and procedures for such admission
and discharge;
Sec. 18 (1) children's RESIDENTIAL SERVICES Chap. 71 773
(j) requiring the operators of children's residences, or
premises where residential care is provided under
the authority of a licence to provide such information
as is prescribed and prescribing the persons to whom
such information is to be given ;
^*) prescribing additional powers, duties and procedures
of the Board ;
(/) prescribing forms and providing for their use.
1978, c. 70, s. 16.
17. — (1) Unless otherwise provided for in this Act or the s«rvice
regulations, any notice required to be given, delivered, filed
or served under this Act or the regulations is sufficiently
given, delivered, filed or served if delivered personally or sent
by registered mail addressed to the person to whom delivery
or service is required to be made at the person's last known
address.
(2) Where service is made by mail, the service shall be i<*em
deemed to be made on the tenth day after the day of mailing
unless the person on whom service is being made estab-
lishes that the jjerson did not receive it or did not, acting in
good faith, through absence, accident, illness or other cause
beyond the person's control, receive the notice or order until
a later date. 1978, c. 70, s. 17.
18. — (1) Every person who, offence
(a) contravenes any provision of subsection 4(1);
ib) contravenes any term or condition of a licence relating to
the maximum number of children to be cared for in a
children's residence or place where residential care is
provided; or
(c) causes a child to be cared for in a children's resi-
dence or place where residential care is provided
that is required to be hcensed and that is not
licensed under this Act and every parent or guardian
or other person who is under a legal duty to provide
for a child and who permits the child to be cared
for in such a residence or place,
and every director, officer or employee of a corporation who
knowingly concurs in such contravention or causing by the
corporation is guilty of an offence and on conviction by the court is
774 Chap. 71 children's residential services Sec. 18 (1)
liable to a fine of not more than $1 ,000 for each day on which such
offence continues or to imprisonment for a term of not more than
one year, or to both.
Idem (2) Every person who,
{a) knowingly furnishes false information in any applica-
tion under this Act or in any statement, report or
return required to be furnished under this Act or
the regulations;
(b) fails to comply with a warrant, order or direction
made by any court of competent jurisdiction under
this Act; or
(c) contravenes any provision of section 14,
and every director, officer or employee of a corporation who
knowingly concurs in such furnishing of false information,
failure or contravention by the corporation is guilty of an
offence and on conviction by the court is liable to a fine of not more
than $2,000 or to imprisonment for a term of not more than two
years, or to both. 1978, c. 70, s. 18.
Sec. 3 ib) CHIROPODY Chap. 72 775
CHAPTER 72
__ Chiropody Act
1. In this Act, Interpre-
' tation
(a) "Board" means the Board of Regents appointed
under this Act ;
(b) "chiropodist" means a person, other than a legally
qualified medical practitioner, who practises or adver-
tises or holds himself out in any way as practising the
treatment of any ailment , disease, defect or disability of
the human foot ;
(c) "regulations" means the regulations made under this
Act. R.S.O. 1970, c. 70, s. 1.
2. — (1) The Board of Regents is continued and shall be|oardof
, r r , . , 1 Regents
composed of not fewer than three and not more than seven persons
appointed by the Lieutenant Governor in Council. 1980, c. 63,
s. 1.
(2) Every member of the Board shall hold office for 3i'^^^°^
period of two years, but is eligible for reappointment on
the expiration of his term of office.
(3) Every vacancy on the Board caused by the death, Vacancies
resignation or incapacity of a member shall be filled by the
appointment of a person to hold office for the remainder of
the term of such member.
(4) The Lieutenant Governor in Council shall designate from chairman,
. ^ ' . " vlce-chair-
time to time one of the members to be chairman, one to be man and
vice-chairman and one to be secretar>'-treasurer of the treasurer
Board. R.S.O. 1970, c. 70, s. 2 (2-4).
3. The Board, with the approval of the Lieutenant Governor ^^•^"o'^s
in Council, may make regulations,
(a) for the admission of chiropodists to practise in Ontario
and for the registration of all persons so admitted and
for the issuing of certificates of registration ;
{b) prescribing the training and quahfications of persons so
to be admitted and the proofs to be furnished as to
education and good character ;
776 Chap. 72 CHIROPODY Sec. 3 (c)
(c) providing for approval of schools, colleges or univer-
sities, and prescribing educational standards, methods
and hours of training and instruction facilities, and other
requirements for approved schools, colleges or univer-
sities;
{d) providing for the appointment of examiners and the
examination and re-examination of applicants for
registration as chiropodists, prescribing the subjects
for examination, the minimum standards to be ob-
tained on examination or re-examination, and the
fees to be paid on examination and re-examination;
{e) for maintaining a register of persons so admitted to
practise, and providing for the annual renewal of regis-
tration and prescribing the fees to be paid therefor ;
(/) providing for the holding of meetings of the Board, the
business to be transacted thereat, the quorum and the
powers and duties of the Board and of the chairman,
vice-chairman and secretary-treasurer of the Board;
{g) providing for the payment of a per diem allowance
and an allowance for travelling and living expenses to
members of the Board while engaged on business of the
Board, and payment of compensation to the secretary-
treasurer of the Board in heu of a per diem allowance ;
(h) providing for the employment of such persons or ser-
vices as may be required and for the payment of salaries,
fees and expenses and generally for payment out of
funds at the disposal of the Board ;
(i) prescribing the books and records to be kept by the
Board ;
ij) providing for the auditing of the books and accounts of
the Board;
{k) prescribing the discipline and control of registered
chiropodists and regulating the manner of carrying on
their business ;
(/) designating and regulating the manner in which a
registered chiropodist may describe his quahfication or
occupation and prohibiting the use of any title, affix or
prefix that in the opinion of the Board is calculated to
mislead the public as to the qualification of any such
person and for allowing the use of any affix or prefix not
R so. 1980, forbidden by subsection 67 (2) of the Health Disciplines
c. 196 -^ ' ^
Sec. 6 CHIROPODY Chap. 72 777
Act that in the opinion of the Board will correctly
describe the qualification or occupation of such person;
(m) providing for the investigation of any complaint that a
registered chiropodist has been guilty of misconduct or
displayed such ignorance or incompetence as to render it
desirable in the public interest that his registration
should be cancelled or suspended ;
(n) providing for the cancellation or suspension of the
registration of any person found by the Board to be
guilty of misconduct or of any contravention of this Act
or the regulations, or to have been ignorant or incompe-
tent;
(o) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this
Act. R.S.O. 1970. c. 70, s. 3.
4 . Where the Minister of Health requests in writing that the Regulations
Board make, amend or revoke a regulation under section 3 and the Lieutenant
Board has failed to do so within sixtv days after the request, the ^'°),^'^"°^.,
T • /-I ■ ^ 1 ' ^ ' in Council
Lieutenant Governor m Council may make the regulation,
amendment or revocation specified in the request. 1980, c. 63,
s. 2.
5. Nothing in this Act or the regulations authorizes aAc^^°®s°°'
chiropodist, general
practice of
medicine
(a) to administer a drug internally or to prescribe a drug for
use internally ;
(6) to administer an anaesthetic other than a substance
applied externally to the skin ; or
(c) to practise medicine, surgery or midwifery,
but nothing in this Act or the regulations prevents the
treatment by a registered chiropodist of morbid conditions
of the nails and skin and the resulting minor morbid con-
ditions of the subcutaneous tissues of the human foot.
R.S.O. 1970, c. 70, s. 4.
6. Every person who, not being registered as a chiropodist Penalty for
J iL • A , , . , , , , unauthorized
under this Act or who having been so registered and whose practise
registration has been cancelled or is under suspension , practises or
holds himself out as practising as a chiropodist within the
meaning of this Act , or who advertises or uses or affixes any prefix
to his name signifying that he is qualified to practise as a
chiropodist within the meaning of this Act is guilty of an offence
778
Chap. 72
CHIROPODY
Sec. 6
and on conviction is liable to a fine of not more than $ 100 and upon
conviction for a subsequent offence within a period of two years
after such first conviction shall be imprisoned for a term of not
more than three months. R.S.O. 1970, c. 70, s. 5.
Proof of
repstration
7. — (1) In all cases where proof of registration under this Act
is required to be made , the production of a printed or other copy of
the register, certified under the hand of the secretary-treasurer of
the Board, is sufficient proof of all persons who are registered
chiropodists in lieu of the production of the original register, and
any certificate upon the printed or other copy of the register
purporting to be signed by a person in his capacity of secretary-
treasurer of the Board under this Act is prima facie proof that the
person is the secretary-treasurer.
^f^non"°^ (2) Theabsenceof the name of a person from the copy is ^nwa
registration fade proof that the person is not registered under this Act.
Omission of
name from
cop\'
(3) In the case of a person whose name does not appear in the
copy, a certified copy under the hand of the secretary-treasurer of
the entry of the name of the person on the register is prima facie
proof that the person is registered under this Act. R.S.O. 1970,
C.70, s. 6.
Where Act
does not
apply
8. Nothing in this Act applies to or affects,
(fl) the practice of any profession or calling under any
general or special Act of the Legislature;
{b) any nurse acting in the absence of, or under the prescrip-
tion or direction of, a legally qualified medical practi-
tioner ;
(c) the furnishing of first aid or temporary assistance in
cases of emergency ;
{d) persons treating human ailments by prayer or spiritual
means as an enjoyment or exercise of religious free-
dom. R.S.O. 1970, c. 70, s. 7.
Compliance
with other
statutes not
affected
R.S.O. 1980,
cc. 409, 524
9. Nothing in this Act or the regulations shall be taken or
deemed to relieve any person from compliance with the Public
Health Act, the Vital Statistics Act or any legal duty to
provide for the treatment of a person by a legally qualified
medical practitioner. R.S.O. 1970, c. 70, s. 8.
Sec. 1 (1) (ife) COLLECTION AGENCIES Chap. 73 779
CHAPTER 73
^-.^- Collection Agencies Act
1, — (1) In this Act, Interpre-
^ ' tation
(a) "business premises" does not include a dwelling;
(jb) "collection agency" means a person other than a
collector who obtains or arranges for payment
of money owing to another person, or who holds
out to the public that he provides such a service
or any person who sells or offers to sell forms or
letters represented to be a collection system or
scheme ;
(c) "collector" means a person employed, appointed or
authorized by a collection agency to solicit business
or collect debts for the agency or to deal with or trace
debtors for the agency;
(d) "Director" means the Director of the Consumer Pro-
tection Division of the Ministry;
ie) "dwelling" means any premises or any part thereof
occupied as living accommodation;
(/) "equity share" means a share of a class of shares that
carries a voting right either under all circumstances or
under some circumstances that have occurred and are
continuing;
(g) "Minister" means the Minister of Consumer and Com-
mercial Relations;
(h) "Ministry" means the Ministry' of Consumer and Com-
mercial Relations;
(i) "non-resident" means an individual, corporation or trust
that is not a resident;
0") "prescribed" means prescribed by this Act or the regula-
tions;
(k) "registered" means registered under this Act;
780 Chap. 73 COLLECTION AGENCIES Sec. 1 (1) (/)
(/) "Registrar" means the Registrar of Collection Agencies;
(m) "regulations" means the regulations made under this
Act;
(n) "resident" means,
(i) an individual who is a Canadian citizen
or has been lawfully admitted to Canada
for permanent residence and who is ordinarily
resident in Canada,
(ii) a corporation that is incorporated, formed
or organized in Canada and that is controlled
directly or indirectly by persons who are
residents or by a resident trust, or
(iii) a trust that is established by resident in-
dividuals or a resident corporation or one
in which resident individuals or corporations
hold more than 50 per cent of the beneficial
interest ;
(o) "Tribunal" means The Commercial Registration Appeal
f 27^ *^'*"' Tribunal under the Ministry of Consumer and Commer-
cial Relations Act. R.S.O. 1970, c. 71,5. 1; 1971, c. SO,
s. 21 (1); 1972, c. 1, ss. 1, 33; 1974, c. 29, s. 1 (1, 2).
Corporations (2) For the purposes of subclause (1) (n) (ii), a corporation shall
be deemed to be controlled by another person or corporation or by
two or more corporations if,
(a) equity shares of the first-mentioned corporation
carrying more than 50 per cent of the votes for
the election of directors are held, otherwise than
by way of security only, by or for the benefit
of such other person or corporation or by or for
the benefit of such other corporations; and
(b) the votes carried by such securities are sufficient,
if exercised, to elect a majority of the board of
directors of the first-mentioned corporation. 1974,
c. 29, s. 1 (3).
5'/'ifct'*"°° 2- ^^^^ ^^* ^°^^ "ot apply,
(a) to a barrister or solicitor in the regular practice of
his profession or to his employees;
Sec. 4 (2) COLLECTION AGENCIES Chap. 73 781
ib) to an insurer or agent licensed under the Insurance Act ^^^- '^??'
or broker registered under the Registered Insurance
Brokers Act, to the extent of the business authorized by
such licence or registration, or to his employees;
(c) to an assignee, custodian, liquidator, receiver, trustee or ^^.^^3 "^°'
otherperson licensed or acting under theBan^rM/>fcy i4c< w-10
(Canada), the Corporations Act, the Business Cor- ^s.o, 1980,
porations Act, theJudicature Act or the Winding-up Act
(Canada) or a person acting under the order of any court;
(d) to a broker or salesman registered under the /?ea/ £5^aie '^^:,9 *'*^'
and Business Brokers Act, or an official or other
employee of such a broker to the extent of the business
authorized by the registration;
(«) to a bank to which the Bank Act (Canada) applies, the •'*^*'.'
Province of Ontario Savings Office, a loan corporation
or trust company registered under the Loan and Trust R^ o. i9«o.
Corporations Act, or an employee thereof in the regular
course of his employment;
(/) to an isolated collection made by a person whose usual
business is not collecting debts for other persons;
ig) to a credit union incorporated under the Credit Unions ^^o. iqw),
and Caisses Populaires Act or any employee thereof
acting in the regular course of his employment; or
(fc) to a person providing counselling services in respect of
consumer credit and receiving public money under the
Ministry of Community and Social Services Act for the R^ o '^so,
purpose. R.S.O. 1970, c. 71, s. 2; 1973, c. 9, s. 1. '^
3. — (1) There shall be a Registrar of Collection Agencies Registrar
who shall be appointed by the Lieutenant Governor in Council.
(2) The Registrar may exercise the powers and shall per- Registrar
form the duties conferred or imposed upon him by or under
this Act under the supervision of the Director. R.S.O. 1970,
c. 71,s. 3.
4. — (1) No person shall carry on the business of a collection Resristration
agency or act as a collector unless he is registered by the
Registrar under this Act.
(2) A registered collection agency shall not carry on business ^\^oi^^
in a name other than the name in which it is registered or ousiness
invite the public to deal at a place other than that authorized
by the registration. R.S.O. 1970, c. 71, s. 4.
782 Chap. 73 collection agencies Sec. 5
tcfcouect"^ 5. No creditor shall deal with his debtor for payment of
d&bts the debt except under the name in which the debt is lawfully
owing or through a registered collection agency. R.S.O. 1970,
c. 71, s. 5.
Registration q^ — ^jj j^^ applicant is entitled to registration or renewal
of registration by the Registrar except where,
(a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
(6) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and honesty ;
or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it can-
not reasonably be expected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty; or
{d) the applicant is carrying on activities that are, or
will be, if the applicant is registered, in contravention
of this Act or the regulations; or
{e) the applicant fails to comply with section 10 or 11.
1971, c. 50, s. 21 (2), part; 1974, c. 29, s. 2.
Conditions of (2) A registration is subject to such terms and conditions
to give effect to the purposes of this Act as are consented to by
the applicant, imposed by the Tribunal or prescribed by the
regulations. 1971, c. 50, s. 21 (2), part.
Refusal to 7. — (1) Subject to section 8, the Registrar may refuse to
register an applicant where in the Registrar's opinion the
apphcant is disentitled to registration under section 6.
Refusal to
renew
(2) Subject to section 8, the Registrar may refuse to renew
or revoke ^^ "^^Y suspend or revoke a registration for any reason that
would disentitle the registrant to registration under section 6
if he were an applicant, or where the registrant is in breach
of a term or condition of the registration. 1971, c. 50, s. 21 (2),
part.
Sec. 8 (8) (b) COLLECTION AGENCIES Chap. 73 783
8. — (1) Where the Registrar proposes to refuse to grant p^opSIa/
or renew a registration or proposes to suspend or revoke a ^° H'i^^^
registration, he shall serve notice of his proposal, together with
written reasons therefor, on the applicant or registrant.
(2) A notice under subsection (1) shall inform the applicant or requfAng
registrant that he is entitled to a hearing by the Tribunal if he mails hearing
or delivers, within fifteen days after the notice under subsection (1)
is served on him, notice in writing requiring a hearing to the
Registrar and the Tribunal, and he may so require such a hearing.
(3) Where an applicant or registrant does not require a hearing ^°*ig" "^
by the Tribunal in accordance with subsection (2), the Registrar where no
ii6Siriii6r
may carry out the proposal stated in his notice under subsection
(1).
(4) Where an applicant or registrant requires a hearing by Tribumai^
the Tribunal in accordance with subsection (2), the Tribunal shall where
hearing
appoint a time for and hold the hearing and, on the application
of the Registrar at the hearing, may by order direct the
Registrar to carry out his proposal or refrain from carrying
out his proposal and to take such action as the Tribunal
considers the Registrar ought to take in accordance with this
Act and the regulations, and for such purposes the Tribunal
may substitute its opinion for that of the Registrar.
(5) The Tribunal may attach such terms and conditions to^^°^^J.°°^
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
(6) The Registrar, the applicant or registrant who has Parties
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
(7) Notwithstanding subsection (1), the Registrar may cancel J^o^^^'ar^^^
a registration upon the request in writing of the registrant
in the prescribed form surrendering his registration.
(8) Where, within the time prescribed therefor or, if no continuation
time is prescribed, before expiry of his registration, a registrant registration
has applied for renewal of his registration and paid the pre- renewal
scribed fee, his registration shall be deemed to continue,
{a) until the renewal is granted ; or
{b) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until the time
for giving notice requiring a hearing has expired
784
Chap. 73
COLLECTION AGENCIES
Sec. 8 (8) (6)
Order
effective,
stay
R.S.O. 19.s()
c. 27-1
Further
applications
Resident
require-
ments re
individuals
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an order
of the Tribunal under section 11 of the Ministry of Consumer
and Commercial Relations A ct, the order takes effect immediately
but the Tribunal may grant a stay until disposition of the
appeal. 1971, c. 50, s. 21 (2), part; 1972, c. 1, s. 23 (5).
9. A further application for registration may be made
upon new or other evidence or where it is clear that material
circumstances have changed. R.S.O. 1970, c. 71, s. 22; 1974,
c. 29, s. 3, part.
1 O. — (1) Subject to subsection (2), no individual shall carry on
business in Ontario as a collection agency unless,
{a) he is a resident; or
{h) where he is a member of a partnership or an
association, syndicate or organization of individuals,
every member thereof is a resident.
^^^"^ (2) An individual who is carrying on business as a
registered collection agency immediately before the 9th day
of May, 1974, and who on that day is in contravention of
subsection (1), may continue to carry on business, subject to
the provisions of this Act if,
{a) his interest or any part thereof is not trans-
ferred to or for the benefit of a non-resident; or
Resident
require-
ments re
cori>oratlons
{b) where he is a member of a partnership or an
association, syndicate or organization of individuals,
no person who is a non-resident is admitted as a
member thereof. 1974, c. 29, s. 3, part.
1 1 . — (1) No corporation shall carry on business in Ontario
as a collection agency if,
{a) the total number of equity shares of the cor-
poration beneficially owned, directly or indirectly,
by non-residents or over which non-residents exer-
cise control or direction exceeds 25 per cent of
the total number of issued and outstanding equity
shares of the corporation ;
(b) the total number of equity shares of the cor-
poration beneficially owned, directly or indirectly,
by a non-resident over which he exercises control
Sec. 11(4) (fl) COLLECTION AGENCIES Chap. 73 785
or direction together with any other shareholders
associated with him, if any, exceeds 10 per cent
of the total number of issued and outstanding equity
shares of the corporation; or
(c) the corporation is not incorporated by or under an Act of
- Ontario , Canada or any province or territory of Canada.
(2) In calculating the total number of equity shares wem
of the corporation beneficially owned or controlled for
the purposes of this section, the total number shall be
calculated as the total of all the shares actually owned
or controlled, but each share that carries the right to more
that one vote shall be calculated as the number of
shares equalling the total number of votes it carries.
(3) A corporation that was carrying on business as a i**®"*
registered collection agency immediately before the 9th day
of May, 1974, and which on that day is in contravention of
subsection (1), may continue to carry on business, subject to
the provisions of this Act,
(fl) in the case of a contravention of clause (1) (a) or (b), if
no transfer or equity shares or beneficial interest
therein including their control or direction is made to a
non-resident or person associated with him except-
ing when the result would be in compliance with
clause (1) (fl) or (b); or,
ib) in the case of a contravention of clause (1) (c),
until the 1st day of Januar\-, 1976 but a corporation
incorporated after this Act comes into force and before
the 1st day of January, 1976 by or under an Act of
Ontario, Canada or a territor\' or province of Canada
may, notwithstanding clauses (1) (a) and (b), be regis-
tered in the place of the first-mentioned corporation if
the equity shares of the new corporation or beneficial
interest therein including their control or direction, held
by non-residents are held directly or indirectly in the
same manner as the equity shares of the first-mentioned
corporation, but where the new corporation is in contra-
vention of clause ( 1) (a ) or (6 ), clause (a ) of this subsection
applies.
(4) For the purpose of this section, a shareholder shall ^^^at«J^
be deemed to be associated with another shareholder if,
(a) one shareholder is a corporation of which the
other shareholder is an officer or director;
786
Chap. 73
COLLECTION AGENCIES
Sec. 11 (4) (6)
{b) one shareholder is a partnership of which the other
shareholder is a partner;
(c) one shareholder is a corporation that is controlled,
directly or indirectly, by the other shareholder ;
(d) both shareholders are corporations and one share-
holder is controlled, directly or indirectly, by the
same individual or corporation that controls, di-
rectly or indirectly, the other shareholder;
(e) both shareholders are members of a voting trust
where the trust relates to shares of a corporation;
or
(/) both shareholders are associated within the meaning of
clauses (a) to (e) with the same shareholder.
Joint
ownership
(5) For the purposes of this section, where an equity
share of the corporation is held jointly and one or more
of the joint holders thereof is a non-resident, the share shall
be deemed to be held by a non-resident. 1974, c. 29, s. 3,
part.
Investlgra-
tion of
complaints
12. — (1) Where the Registrar receives a complaint in respect
of a collection agency and so requests in writing, the collection
agency shall furnish the Registrar with such information respect-
ing the matter complained of as the Registrar requires.
Idem (2) The request under subsection (1) shall indicate the nature of
the inquiry involved.
Idem
(3) For the purposes of subsection (1), the Registrar or any
person designated in writing by Jiim may at any reasonable
time enter upon the business premises of the collection agency
to make an inspection in relation to the complaint. R.S.O.
1970, c. 71, s. 23.
Inspection 13^ — (j) xhe Registrar or any person designated by him
in writing may at any reasonable time enter upon the business
premises of the registrant to make an inspection to ensure
that the provisions of this Act and the regulations relating
to registration and the maintenance of trust accounts are
being complied with.
Idem
(2) Where the Registrar has reasonable and probable grounds
to believe that any person is acting as a collection agency
Sec. 16 (1) (fl) COLLECTION AGENCIES Chap. 73 787
while unregistered, the Registrar or any person designated by
him in writing may at any reasonable time enter upon such
person's business premises to make an inspection for the purpose
of determining whether or not the person is in contravention
of section 4. R.S.O. 1970, c. 71, s. 24.
14. — (1) Upon an inspection under section 12 or 13, the person i^°^"i°°
inspecting,
(a) is entitled to free access to all books of account, cash,
documents, bank accounts, vouchers, correspondence
and records of the person being inspected that are
relevant for the purposes of the inspection ; and
(b) may, upon giving a receipt therefor, remove any
material referred to in clause (a) that relates to the
purpose of the inspection for the purpose of making
a copy thereof, provided that such copying is carried
out with reasonable dispatch and the material in ques-
tion is promptly thereafter returned to the person
being inspected,
and no person shall obstruct the person inspecting or with-
hold or destroy, conceal or refuse to furnish any information
or thing required by the person inspecting for the purposes
of the inspection. R.S.O. 1970, c. 71, s. 25 (1); 1971, c. 50,
s. 21 (3).
(2) Any copy made as provided in subsection (1) and purport- i^J^fcopiis
ing to be certified by an inspector is admissible in evidence in
any action, proceeding or prosecution as prima facie proof of
the original. R.S.O. 1970, c. 71. s. 25 (2).
15. The Minister may by order appoint a person to make invea^i8;a"o°
an investigation into any matter to which this Act applies of Minister
as may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation the person
making it has the powers of a commission under Part II of
the Public Inquiries Act, which Part applies to such investigation ^^.jO. i980,
as if it were an inquiry under that Act. R.S.O. 1971, c. 50,
s. 21 {A), part.
16.— (1) Where, upon a statement made under oath, the grgf^|?^l.°°
Director believes on reasonable and probable grounds that any
person has,
(fl) contravened any of the provisions of this Act or the
regulations; or
788
Chap. 73
COLLECTION AGENCIES
Sec. 16 (1) ib)
R.S.C. 1970,
c. C-34
Powers of
investigation
R.S.O.
c. 411
1980,
(b) committed an offence under the Criminal Code (Can-
ada) or under the law of any jurisdiction that is
relevant to his fitness for registration under this Act,
the Director may by order appoint one or more persons to
make an investigation to ascertain whether such a contraven-
tion of the Act or regulation or the commission of such an
offence has occurred and the person appointed shall report the
result of his investigation to the Director.
(2) For purposes relevant to the subject-matter of an investi-
gation under this section, the person appointed to make the
investigation may inquire into and examine the affairs of the
person in respect of whom the investigation is being made and
may,
(a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents and things
relevant to the subject-matter of the investigation;
and
(6) inquire into negotiations, transactions, loans, borrow-
ings made by or on behalf of or in relation to such
person and into property, assets or things owned,
acquired or alienated in whole or in part by him or
any person acting on his behalf that are relevant to
the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers conferred upon a commission
under Part II of the Public Inquiries Act, which Part applies to
such inquiry as if it were an inquiry under that Act.
Obstruction (3) Nq pcrson shall obstruct a person appointed to make
investigator an investigation under this section or withhold from him or
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
Entrv' and
search
(4) Where a justice of the peace is satisfied, upon an ex parte
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is reasonable
ground for believing there are, in any building, dwelling, recepta-
cle or place any books, papers, documents or things relating to the
person whose affairs are being investigated and to the subject-
matter of the investigation, the justice of the peace may, whether
or not an inspection has been made or attempted under clause (2)
(a), issue an order authorizing the person making the investi-
gation, together with such police officer or officers as he
calls upon to assist him, to enter and search, if necessary by
Sec. 17 (2) COLLECTION AGENCIES Chap. 73 789
force, such building, dwelling, receptacle or place for
such books, papers, documents or things and to examine
them, but every such entry and search shall be made between
sunrise and sunset unless the justice of the peace, by the
order, authorizes the person making the investigation to make
the search at night.
(5) Any person making an investigation under this section may, ^^g'^'
upon giving a receipt therefor, remove any books, papers, docu-
ments or things examined under clause (2) (a) or subsection (4)
relating to the person whose affairs are being investigated and to
the subject-matter of the investigation for the purpose of making
copies of such books, papers or documents, but such copying shall
be carried out with reasonable dispatch and the books, papers or
documents in question shall be promptly thereafter returned to the
person whose affairs are being investigated.
(6) Any copy made as provided in subsection (5) and certified Mem
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
as prima facte proof of the original book, paper or document
and its contents.
(7) The Minister or the Director may appoint any expert to o/'J^^rt"^"^
examine books, papers, documents or things examined under
clause (2) (a) or under subsection (4). 1971, c. 50, s. 21 {4), part.
17. — (1) Every person employed in the administration of ^^l^tiai
this Act, including any person making an inquiry, inspection or
an investigation under section 12, 13, 14, IS or 16 shall
preserve secrecy in respect of all matters that come to his
knowledge in the course of his duties, employment, inquiry,
inspection or investigation and shall not communicate any
such matters to any other person except,
(a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
(6) to his counsel ; or
(c) with the consent of the person to whom the informa-
tion relates.
(2) No person to whom subsection (1) applies shall be required i^®^i^g°ft
to give testimony in any civil suit or proceeding with regard
to information obtained by him in the course of his duties,
employment, inquiry, inspection or investigation except in a
proceeding under this Act or the regulations. 1971, c. 50,
s. 21 (4), part.
790
Chap. 73
COLLECTION AGENCIES
Sec. 18
Report
R.S.C. 1970,
c. C-34
Order to
reftain from
dealing
with assets
18. Where, upon the report of an investigation made under
subsection 16 (1), it appears to the Director that a person may
have,
(«)
contravened any of the provisions of this Act or the
regulations; or
(b) committed an offence, under the Criminal Code (Can-
ada) or under the law of any jurisdiction, that is
relevant to his fitness for registration under this Act,
the Director shall send a full and complete report of the
investigation, including the report made to him, any transcript
of evidence and any material in the possession of the Director
relating thereto, to the Minister. R.S.O. 1970, c. 71, s. 27;
1971, c. 50, s. 21 (5).
19.— (1) Where,
(a) an investigation of any person has been ordered under
section 16; or
(b) criminal proceedings or proceedings in relation to a
contravention of any Act or regulation are about to
be or have been instituted against a person that are
connected with or arise out of the business in respect of
which such person is registered,
R.S.O. 1980,
cc. 22i, 95,
54
R.S.C. 1970,
cc. B-3,
W-10
the Director, if he believes it advisable for the protection of clients
or customers of the person referred to in clause (a) or (b), may in
writing or by telegram direct any person having on deposit or
under control or for safekeeping any assets or trust funds of the
person referred to in clause (a) or (b) to hold such assets or trust
funds or direct the person referred to in clause (a) or (b) to refrain
from withdrawing any such assets or trust funds from any person
having any of them on deposit or under control or for safekeeping
or to hold such assets or any trust funds of clients, customers or
others in his possession or control in trust for any interim receiver,
custodian, trustee, receiver or liquidator appointed under the
Bankruptcy Act (Canada), the Judicature Act, the Corporations
Act, the Business Corporations Act or the Winding-up Act (Can-
ada), or until the Director revokes or the Tribunal cancels such
direction or consents to the release of any particular assets or trust
funds from the direction but, in the case of a bank, loan or trust
company, the direction only applies to the office, branches or
agencies thereof named in the direction. 1971, c. 50, s. 21 (6).
Bond in lieu
(2) Subsection (1) does not apply where the person referred to in
clause (1) (a) or (b) files with the Director,
Sec. 20(1) (a) collection agencies Chap. 73 791
(a) a personal bond accompanied by collateral security ;
{b) a bond of a guarantee company approved under the
Guarantee Companies Securities Act; or R s o mso.
C. 192
(c) a bond of a guarantor, other than a guarantee com-
pany, accompanied by collateral security,
in such form, terms and amount as the Director determines.
(3) Any person in receipt of a direction given under sub- ^j^^"^"
section (1), if in doubt as to the application of the direction to direction
any assets or trust funds, or in case of a claim being made
thereto by a person not named in the direction, may apply to
a judge or local judge of the Supreme Court who may direct the
disposition of such assets or trust funds and may make such
order as to costs as seems just.
(4) In any of the circumstances mentioned in clause (1) (a) or (6), Notice to
the Director may in writing or by telegram notify any land regis- registrar
trar that proceedings are being or are about to be taken that may
affect land belonging to the person referred to in the "notice, and
the notice shall be registered against the lands mentioned therein
and has the same effect as the registration of a certificate of lis
pendens except that the Director may in writing revoke or modify
the notice. R.S.O. 1970, c. 71, s. 28 (2-4).
(5) Any person referred to in clause (1) (a) or (b) in respect of of^*j.ection°
whom a direction has been given by the Director under subsection or
,. . ..I- ri-i regrlstratlon
(1) or any person having an interest in land m respect of which a
notice has been registered under subsection (4), may at any time
apply to the Tribunal for cancellation in whole or in part of the
direction or registration, and the Tribunal shall dispose of the
application after a hearing and may, if it finds that such a direction
or registration is not required in whole or in part for the protection
of clients or customers of the applicant or of other persons
interested in the land or that the interests of other persons are
unduly prejudiced thereby, cancel the direction or registration in
whole or in part, and the applicant, the Director and such other
persons as the Tribunal may specify are parties to the proceedings
before the Tribunal. 1971,- c. 50, s. 21 (7).
20. — (1) Ever>' collection agency shall, within five days after ^^i|®8^
the event, notify the Registrar in writing of,
(a) any change in its address for service ;
792
Chap. 73
COLLECTION AGENCIES
Sec. 20 (1) ib)
Idem
(6) any change in the officers in the case of a corporation
or of the members in the case of a partnership;
(c) any commencement or termination of employment of
a collector.
(2) Every collector shall, within five days after the event,
notify the Registrar in writing of,
(a) any change in his address for service ; and
(b) any commencement or termination of his employment.
Idem (3) The Registrar shall be deemed to be notified under subsec-
tions (1) and (2) on the date on which he is actually notified or,
where the notification is by mail, on the date of mailing. R.S.O.
1970, c. 71, s. 29.
Furnishing
material to
Registrar
21. — (1) The Registrar may at any time require a collection
agency to provide him with copies of any letters, forms, form
letters, notices, pamphlets, brochures, advertisements, con-
tracts, agreements or other similar materials used or proposed
to be used by the collection agency in the course of conducting
its business. R.S.O. 1970, c. 71, s. 30 (1) ; 1971, c. 50, s. 21 (8).
False
advertising
(2) Where the Registrar believes on reasonable and probable
grounds that any of the material referred to in subsection (1) is
harsh, false, misleading or deceptive, the Registrar may alter,
amend, restrict or prohibit the use of such material, and section 8
applies with necessary modifications to the order in the same
manner as to a proposal by the Registrar to refuse registration and
the order of the Registrar shall take effect immediately, but the
Tribunal may grant a stay until the Registrar's order becomes
final. 1971, c. 50, s. 21 (9).
Financial
statements
R.S.O. 1980,
c. 405
(3) Every collection agency shall, when required by the
Registrar with the approval of the Director, file a financial
statement showing the matters specified by the Registrar and
signed by the proprietor or officer of the collection agency and
certified by a person licensed under the Public Accountancy Act.
statement
confidential
(4) The information contained in a financial statement filed
under subsection (3) is confidential and no person shall other-
wise than in the ordinary course of his duties communicate
any such information or allow access to or inspection of the
financial statement. R.S.O. 1970, c. 71, s. 30 (3, 4).
Practices
prohibited
22. No collection agency or collector shall,
Sec. 26 (1) COLLECTION AGENCIES Chap. 73 793
(a) collect or attempt to collect for a person for whom
it acts any moneys in addition to the amount owing
by the debtor ;
(b) send any telegram or make any telephone call, for
which the charges are payable by the addressee or the
person to whom the call is made, to a debtor for the
purpose of demanding payment of a debt ;
(c) receive or make an agreement for the additional
payment of any money by a debtor of a creditor for
whom the collection agency acts, either on its own
account or for the creditor and whether as a charge,
cost, expense or otherwise, in consideration for any
forbearance, favour, indulgence, intercession or other
conduct by the collection agency; or
(d) deal with a debtor in a name other than that author-
ized by the registration. R.S.O. 1970, c. 71, s. 31.
23. Every collector shall immediately notify his employer NoUce as^
when any moneys are collected by him in the course of his collected
employment. R.S.O. 1970, c. 71, s. 32.
24. — (1) No person shall knowingly engage or Use the ^^^^g'J.^^
services of a collection agency that is not registered under collection
this Act.
(2) No collection agency shall employ a collector or appoint ^^l°Jf'y^.
or authorize a collector to act on its behalf unless the collector registered
is registered under this Act. R.S.O. 1970, c.71,s.33.
25. Where the Registrar believes on reasonable and probable Advertising
grounds that a collection agency is making false, misleading
or deceptive statements in any advertisement, circular, pam-
phlet or similar material, the Registrar may order the im-
mediate cessation of the use of such material, and section 8
applies with necessary modifications to the order in the same
manner as to a proposal by the Registrar to refuse registration and
the order of the Registrar shall take effect immediately, but the
Tribunal may grant a stay until the Registrar's order becomes
final. 1971, c. 50, s. 21 (10).
26. — (1) Any notice or order required to be given or served Sei^ce
under this Act or the regulations is sufficiently given or served
if delivered personally or sent by registered mail addressed to
the person to whom delivery or service is required to be made
at the latest address for service appearing on the records of
the Ministry. R.S.O. 1970, c. 71, s. 35 (1); 1972, c. 1, s. 1.
794
Chap. 73
COLLECTION AGENCIES
Sec. 26 (2)
When
service
deemed
made
(2) Where service is made by registered mail, the service
shall be deemed to be made on the third day after the day of
mailing unless the person on whom service is being made
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date. 1971, c. 50,
s. 21 (11).
Exception (3) Notwithstanding subsections (1) and (2), the Tribunal may
order any other method of service in respect of any matter before
the Tribunal. R.S.O. 1970, c. 71, s. 35 (3).
Restraining
orders
27. — (1) Where it appears to the Director that any person
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the imposi-
tion of any penalty in respect of such non-compliance and in
addition to any other rights he may have, the Director may
apply to a judge of the High Court for an order directing
such person to comply with such provision, and upon the
application the judge may make such order or such other
order as the judge thinks fit.
Appeal (2) An appeal lies to the Divisional Court from an order made
under subsection (1). R.S.O. 1970, c. 71, s. 36.
Offences
28. — (1) Every person who, knowingly.
(a) furnishes false information in any application under
this Act or in any statement or return required to be
furnished under this Act or the regulations ;
(b) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the regula-
tions,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty
of an offence and on conviction is liable to a fine of not more than
$2 ,000 or to imprisonment for a term of not more than one year, or
to both.
CorporaUons (2) Where a corporation is convicted of an offence under sub-
section (1), the maximum penalty that may be imposed upon the
corporation is $25,000 and not as provided therein.
coM^entof (3) No proceeding under this section shall be instituted
except with the consent of the Minister.
Sec. 30(e) collection agencies Chap. 73 795
(4) No proceeding under clause ( 1) (a) shall be commenced more Limitation
than one year after the facts upon which the proceeding is based
first came to the knowledge of the Director.
(5) No proceeding under clause ( 1) (6) or (c) shall be commenced Wem
more than two years after the time when the subject-matter of the
proceeding arose. R.S.O. 1970, c. 71, s. 37,
29. A statement as to, Se^iden^
(a) the registration or non-registration of any person;
(b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar ;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
{d) any other matter pertaining to such registration, non-
registration, filing or non-filing,
purporting to be certified by the Director is, without proof of
the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution. R.S.O. 1970, c. 71,
s. 38; 1971, c. 50, s. 21 (12).
30. The Lieutenant Governor in Council may make regula- Resmiations
tions,
(a) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
{b) exempting persons or classes of persons from this
Act or the regulations or any provisions thereof
in addition to those exempted under section 2;
(to) requiring the payment of fees on application for
registration or renewal of registration and prescribing
the amount thereof;
(rf) prescribing forms for the purposes of this Act and
providing for their use ;
(e) requiring and governing the maintenance of trust
accounts by collection agencies and prescribing the
moneys that shall be held in trust and the terms and
conditions thereof;
796 Chap. 73 COLLECTION AGENCIES Sec. 30 (/)
(/) requiring and governing the books, accounts and
records that shall be kept by collection agencies and
requiring the accounting and remission of moneys to
creditors in such manner and times as are prescribed,
including the disposition of unclaimed money;
(g) requiring collection agencies or any class thereof to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
(h) requiring collection agencies to make returns and
furnish information to the Registrar;
(i) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit ;
(j) prescribing further procedures respecting the conduct
of matters coming before the Tribunal ;
{k) providing for the responsibility for payment of witness
fees and expenses in connection with proceedings be-
fore the Tribunal and prescribing the amounts thereof ;
(/) prohibiting the use of any particular method in the
collection of debts. R.S.O. 1970, c. 71, s. 39; 1974,
c. 29, s. 4.
Sec. 1 (//) COLLEGES COLLECTIVE BARGAINING Chap. 74 797
CHAPTER 74
Colleges Collective Bargaining Act
PART I
GENERAL
1. In this Act and in the Schedules, utfoS™"
(a) "agreement" means a written collective agreement
between the Council on behalf of the employers and
an employee organization covering terms and con-
ditions of employment negotiable under this Act;
(6) "bargaining unit" means the academic staff bargain-
ing unit of employees or the support staff bargain-
ing unit of employees set out in Schedules 1 and 2 ;
(c) "board" means a board of governors of a college of
applied arts and technology;
(d) "Commission" means the College Relations Com-
mission established under this Act;
(e) "Council" means the Ontario Council of Regents
for Colleges of Applied Arts and Technology ;
(/) "employee" means a person employed by a board of
governors of a college of applied arts and technology
in a position or classification that is within the
academic staff bargaining unit or the support staff
bargaining unit set out in Schedules 1 and 2;
(g) "employee organization" means an organization of
employees formed for the purpose of regulating rela-
tions between the employer and employees under
this Act, but does not include such an organization
of employees that discriminates against any employee
because of age, sex, race, national origin, colour or
religion ;
(A) "employer" means a board of governors of a college
of applied arts and technology;
798 Chap. 74 colleges collective bargaining Sec. 1 (i)
(i) "lock-out" means the suspension of employment of,
or the refusal to assign work to employees by a
board with the view to compelling the cessation of
a strike or preventing the resumption of a strike
or with the view to inducing or persuading the
employee organization that represents the employees
to enter into or renew an agreement ;
{j) "matters in dispute" means matters in dispute that
are within the scope of negotiations under this Act;
{k) "party" means the Council or an employee organi-
zation ;
(/) "person employed in a managerial or confidential
capacity" means a person who,
(i) is involved in the formulation of organization
objectives and policy in relation to the develop-
ment and administration of programs of the
employer or in the formulation of budgets of
the employer,
(ii) spends a significant portion of his time in
the supervision of employees,
(iii) is required by reason of his duties or responsi-
bilities to deal formally on behalf of the
employer with a grievance of an employee,
(iv) is employed in a position confidential to any
person described in subclause (i), (ii) or (iii),
(v) is employed in a confidential capacity in
matters relating to employee relations,
(vi) is not otherwise described in subclauses (i) to (v)
but who, in the opinion of the Ontario Labour
Relations Board should not be included in a bar-
gaining unit by reason of his duties and respon-
sibilities to the employer;
(w) "strike" includes a cessation of work, a refusal to
work or to continue to work by employees in com-
bination or in concert or in accordance with a common
understanding or any concerted action or activity
on the part of employees designed to curtail,
restrict, limit or interfere with the operation or
Sec. 4 (2) COLLEGES COLLECTIVE BARGAINING Chap. 74 799
functioning of a college or colleges including, without
hmiting the foregoing,
(i) vsdthdrawal of services,
(iij slow-down in the performance of duties,
(iii) the giving of notice to terminate employment ;
(n) "vote by secret ballot" means a vote by ballots cast
in such a manner that a person expressing his choice
cannot be identified with the choice expressed.
1975, c. 74, s. 1.
2. — (1) This Act applies to all collective negotiations con- Application
ceming terms and conditions of employment of employees.
(2) No such collective negotiations shall be carried on except Negotiations
in accordance with this Act. accordance
with Act
(3) The Council shall have the exclusive responsibility for council
all negotiations on behalf of employers conducted under this behalf of
Act. 1975, c. 74, s. 2.
employers
PART II
NEGOTIATIONS
3. Negotiations shall be carried out in respect of any ^atter^of
term or condition of employment put forward by either negotiations
party, except for superannuation. 1975, c. 74, s. 4.
4. — (1) Either party to an agreement may give written ^°^l^^
notice to the other party within the month of January in negotiate for
the year in which the agreement expires of its desire to agreement
negotiate with the view to the renewal, with or without
modification of the agreement then in operation.
(2) Where an agreement exists and no party to the agree- where notice
1 . ... , • , , •'^ » , . , . °ot given of
ment gives notice in accordance with this Act of its desire desire to
to negotiate with the view to the renewal of the agreement, therenew^ of
agreement continues in operation and is renewed from year **'^®®'"®°'^
to year, with each yearly period expiring on the 31st
day of August, until the year, if any, in which notice is
given in accordance with this Act of desire to negotiate
with the view to the renewal, with or without modification,
of the agreement. 1975, c. 74, s. 5.
800 Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 5
to'nigotiate ^' ^^^ parties shall meet within thirty days from the
giving of the notice under section 4 or 70 and they
shall negotiate in good faith and make every reasonable
effort to make an agreement or to renew the agreement, as
the case requires. 1975, c. 74, s. 6.
choose^ '"^^ O. — (1) The parties, at any time during negotiations to
procedu
reach
agreement
procedures to make or renew an agreement, may agree to,
(a) request the Commission to assign a person to assist
the parties to make or renew the agreement ;
{b) request the Commission to appoint a fact finder as
provided in Part III; or
(c) refer all matters remaining in dispute between them
that may be provided for in an agreement to,
(i) an arbitrator or a board of arbitration for
determination as provided in Part IV, or
(ii) a selector for determination as provided in
Part V.
choice *of ('^^ ^^^ agreement to refer all matters remaining in dispute
procedure between them to an arbitrator or board of arbitration or a
selector shall be deemed to include a provision that there
will be no strike or lock-out. 1975, c. 74, s. 7.
Where 7. The Commission may, in the exercise of its own discre-
Commission -^
"Ireolftlf" tion, at any time assign a person to assist the parties to
assist parties make or renew an agreement. 1975, c. 74, s. 8.
PART III
FACT FINDING
o/'^t^''"^"' 8. The Commission shall appoint forthwith a person as a
finder fact finder during negotiations to make or renew an agree-
ment if the parties have not referred all matters remaining
in dispute between them to an arbitrator or board of
arbitration as provided in Part IV or a selector as provided in
Part V and,
(a) one or both of the parties gives notice to the Com-
mission that an impasse has been reached in the
negotiations and requests the appointment of a fact
finder, and the Commission approves the request ;
Sec. 13 COLLEGES COLLECTIVE BARGAINING Chap. 74 801
(b) the Commission is of the opinion that an impasse
has been reached in the negotiations ; or
(c) the agreement that was in operation in respect of
the parties expires during negotiations between the
parties to make or renew an agreement, and fact
finding has not taken place as provided in this Part.
1975. c. 74, s. 9.
J>. The parties to negotiations to make or renew an agreement Parties
may, notwithstanding the appointment of a fact finder, to make
£tgfF6Gin6no
or to
arbitration
(a) make or renew the agreement; or procedure"
(6) agree to refer all matters remaining in dispute
between them to,
(i) an arbitrator or a board of arbitration for
determination as provided in Part IV, or
(ii) a selector for determination as provided in
Part V,
and upon the giving of notice to the Commission by the
parties that they have so acted, the appointment of the fact
finder is terminated. 1975, c. 74, s. 10.
1 0. The agreement to refer all matters remaining in dispute f^^f^eff
between them to an arbitrator or board of arbitration or a procedure
selector shall be deemed to include a provision that there
will be no strike or lock-out. 1975, c. 74, s. 11.
1 1 . No person shall be appointed a fact finder who has a ^^^g^^ited as
direct pecuniary interest in the matters coming before him or fact finder
who is acting or has, within the period of six rnonths imme-
diately before the date of his appointment, acted as solici-
tor, counsel, negotiator, advisor or agent of either of the
parties or a board. 1975, c. 74, s. 12.
12. Where a fact finder ceases to act by reason of with- vacancy
drawal, death or otherwise before submitting his report to
the Commission, the Commission shall appoint another per-
son in his stead and such person shall commence the work
of the fact finder dc novo. 1975, c. 74, s. 13.
1 3. Where the Commission appoints a fact finder, the ^°^^°ment
Commission shall give written notice to each of the parties o' ^^^t
802
Chap. 74 COLLEGES COLLECTIVE BARGAINING
Sec. 13
of the appointment of and the name and address of the fact
finder. 1975, c. 74, s. 14.
Notice of
matters
agreed upon
and matters
in dispute
14. — (1) Within seven days after the receipt of notice
from the Commission of the appointment of the fact finder,
each party shall give written notice to the fact finder and
to the other party setting out all the matters that the
parties have agreed upon for inclusion in an agreement and
all the matters remaining in dispute between the parties.
Where
notice
not given
(2) Where a party fails to comply with subsection (1), the
fact finder may make a determination of the matters men-
tioned in subsection (1) and may then proceed pursuant to
this Part. 1975, c. 74, s. 15.
Duty of
fact finder
15. — (1) It is the duty of a fact finder to confer with the
parties and to inquire into, ascertain and make a report
setting out the matters agreed upon by the parties for
inclusion in an agreement and the matters remaining in
dispute between the parties.
What report
may contain
(2) A fact finder may, in his report, include his findings
in respect of any matter that he considers relevant to the
making of an agreement between the parties and recommend
terms of settlement of the matters remaining in dispute
between the parties. 1975, c. 74, s. 16.
Matters
that may be
considered
by fact
finder
16. In inquiring into and ascertaining the matters remain-
ing in dispute between the parties, the fact finder may
inquire into and consider any matter that the fact finder
considers relevant to the making of an agreement between
the parties including, without limiting the foregoing,
(a) the conditions of employment in occupations outside
the teaching sector ;
(6) the effect of geographic or other local factors on the
terms and conditions of employment ;
(c) the cost to the employers of the proposal of either
party;
(d) the interests and welfare of the public. 1975, c. 74,
s. 17.
Prwi^e^dure 17. The fact finder shall determine his own procedure
finder under guidelines established by the Commission and, where
the fact finder requests information from a party, the party
Sec. 22 (1) COLLEGES COLLECTIVE BARGAINING Chap. 74 803
shall, acting in good faith, provide the fact finder with full
and complete information. 1975, c. 74, s. 18.
18. The fact finder shall submit his report to the Com- sabmiMion
mission within thirty days after the date of his appointment f»ct finder
or within such longer period of time as the Commission may
direct and the Commission shall forthwith give a copy of
the report to each of the parties. 1975, c. 74, s. 19.
19. The report of the fact finder is not binding on ^^^^j^ not
the parties but is made for the advice and guidance of the
parties and upon receipt of the report the parties shall
endeavour, in good faith, to make an agreement or to renew
the agreement, as the case may be 1975, c. 74, s. 20.
20. — (1) Where the Commission has given a copy of the^^l?™^"^^
report of the fact finder to each of the parties and the
Commission is of the opinion that the parties will or are
likely to benefit from assistance, the Commission may assign
a person to assist the parties to make or renew, as the case may
be, the agreement.
(2) Where the Commission has given a copy of the reported®™
of the fact finder to each of the parties and both of the
parties request assistance from the Commission, the Com-
mission shall assign a f)erson to assist the parties to make or
renew, as the case may be, the agreement. 1975, c. 74, s. 21.
21. — (1) If the parties make or renew, as the case may be, ^^^^a^^
an agreement within fifteen days after the Commission has
given a copy of the report to each of the parties, the report
shall not be made public by the Commission, either of the
parties or by any person.
(2) If the parties do not make an agreement, or renew Release of
, 1 1 ■ 1 ■ \. ■ ji £ report
the agreement, as the case may be, withm the period oi
time specified in subsection (1), the Commission shall make
public the rejwrt of the fact finder.
(3) Notwithstanding subsections (1) and (2), where both parties Deferring of
agree and the Commission approves, the Commission may defer
making public the report of the fact finder for an additional period
of not more than five days. 1975, c. 74, s. 22.
22. — (1) If the parties do not make or renew, as the case P^y^^^^
may be, an agreement within fifteen days after the Commission ^^'^/l^j^
has given a copy of the report of the fact finder to each of dispute
804 Chap. 74 colleges collective bargaining Sec. 22 (1)
the parties, the parties may agree to refer all matters in.
dispute between them that may be provided for in an agree-
ment to,
{a) an arbitrator or a board of arbitration for deter-
mination as provided in Part IV ; or
(b) a selector for determination as provided in Part V.
choice°of (^^ ^^^ agreement to refer all matters remaining in dispute
procedure between them to an arbitrator or board of arbitration or a
selector shall be deemed to include a provision that there
will be no strike or lock-out. 1975, c. 74, s. 23.
PART IV
VOLUNTARY BINDING ARBITRATION
Partiesto 23. — (1) Where the parties agree to refer all matters
Rive notice to f o _
Commission remaining in dispute between them that may be provided for
arbitration in an agreement to an arbitrator or a board of arbitration,
uporf^ the parties shall jointly give written notice to the Commission
that they have so agreed and the notice shall state,
(a) that the parties agree to refer the matters to an
arbitrator and,
(i) the date of appointment and the name and
address of the arbitrator, or
(ii) that the parties have not appointed the arbi-
trator and that the parties request the Com-
mission to appoint the arbitrator; or
(6) that the parties agree to refer the matters to a
board of arbitration and,
(i) that the parties have each appointed a person
as a member of the board of arbitration and
shall set out the names and addresses of the
two members so appointed, or
(ii) that both of the parties or one of them, as
the case may be, has not appointed a person
as a member of the board of arbitration and
that the parties request the Commission to
appoint the members or member, as the case
may be, of the board.
withdraw *^° (2) Except as provided in section 49, a party shall not
withdraw from arbitration proceedings under this Part after
Sec. 25 (1) COLLEGES COLLECTIVE BARGAINING Chap. 74 805
notice is given to the Commission in accordance with
subsection (1).
(3) Where the parties, in the notice mentioned in sub- where
*^ ' . . appoint-
section (1), request the Commission to appoint the arbitrator mentsmade
or the members or one of the members of the board of commission
arbitration, the Commission shall make the appointment or
appointments and shall forthwith thereafter give notice thereof
to the parties setting out the name and address of the
appointee or the names and addresses of the appointees, as
the case may be, together with the date of the appointment
or appointments.
(4) Where the parties agree to refer all matters remaining o/'^afr^an'
in dispute between them to a board of arbitration, the two by members
members of the board of arbitration shall, within ten days
after the giving of notice of their appointment by the parties
or by the Commission, as the case may be, appoint a third
person to be chairman of the board of arbitration and the
chairman shall forthwith give written notice to the Com-
mission of his apf)ointment.
(5) Where the two members of the board of arbitration c^mission
are unable to appoint or to agree on the appointment of to appoint
Ctl&lI*]Tl&Il
the chairman of the board of arbitration within the period
of time set out in subsection (4), the Commission shall appoint
the chairman and shall give notice of the appointment to
the two members and to the parties and the notice shall set
out the name and address of the f)erson appointed and the
date of the appointment. 1975, c. 74, s. 24.
24. No person shall be appointed an arbitrator or member p^^o^^^j
or chairman of a board of arbitration who has a direct as arbitrator
. , , , . , or members
pecuniary interest in the matters coming before him or who or chairman
is acting or has, within the period of six months immediately arbitration
before the date of his appointment, acted as solicitor, counsel,
negotiator, advisor or agent of either of the parties or a
board. 1975, c. 74, s. 25.
25. — ( 1) Where a member of a board of arbitration is unable to \ acancy
enter on or to carry on his duties so as to enable a decision to be
rendered within the period of time required by subsection (2) or
ceases to act by reason of withdrawal or death before the board of
arbitration has completed its work, a replacement shall be
appointed by the party that appointed the member, or failing such
appointment, by the Commission and the board of arbitration
shall continue to function as if such member were a member of the
board of arbitration from the beginning.
806
Where
chairman
unable to act
Chap. 74 COLLEGES COLLECTIVE BARGAINING SeC. 25 (2)
(2) Where the chairman of a board of arbitration is unable
to enter on or to carry on his duties so as to enable a
decision to be rendered within sixty days after his appoint-
ment or within such longer period of time as may be pro-
vided in writing by the board of arbitration and consented
to by the Commission or ceases to act by reason of with-
drawal or death, the Commission shall give notice thereof
to the members of the board of arbitration who shall, within
seven days of the giving of the notice, appoint a person to
be the chairman and if the appointment is not so made by
the members it shall be made by the Commission, and after
the chairman is appointed the arbitration shall begin de novo.
Where
arbitrator
unable to
act
(3) Where an arbitrator is unable to enter on or to carry
on his duties so as to enable a decision to be rendered within
sixty days after his appointment or within such longer period
of time as may be provided in writing by the arbitrator and
consented to by the Commission or ceases to act by reason
of withdrawal or death, the Commission shall give notice there-
of to the parties who shall, within seven days of the giving
of the notice, appoint a person to be the arbitrator and if the
appointment is not so made it shall be made by the Commission
and after the arbitrator is appointed the arbitration shall
begin de novo. 1975, c. 74, s. 26.
Notice of
matters
agreed upon
and matters
In dispute
26. Within seven days after the giving of notice that the
arbitrator or the chairman of the board of arbitration, as
the case may be, has been appointed, each party shall give
written notice to the arbitrator or chairman and to the other
party setting out all the matters that the parties have agreed
upon for inclusion in an agreement and all the matters
remaining in dispute between the parties. 1975, c. 74, s. 27.
Procedure 27. — (1) The arbitrator or board of arbitration shall deter-
mine his or its own procedure but shall give full opportunity
to the parties to present their evidence and make their sub-
missions.
Idem
(2) If the members of a board of arbitration are unable to
agree among themselves on matters of procedure or as to the
admissibility of evidence, the decision of the chairman governs.
Decision
(3) The decision of a majority of a board of arbitration
is the decision of the board, but if there is no majority, the
Sec. 28 (2) COLLEGES COLLECTIVE BARGAINING Chap. 74 807
decision of the chairman is the decision of the board. 1975,
c. 74. s. 28.
28. — (1) The arbitrator or board of arbitration has power, f°^®^°fp ^j.
board of
arbitration
(a J to summon any person,
(i) to give oral or written evidence on oath or
affirmation to the arbitrator or board of
arbitration, or
(ii) to produce in evidence for the arbitrator or
board of arbitration such documents and other
things as the arbitrator or board of arbitration
may specify;
(6) to administer oaths and affirmations;
(c) to accept for or exclude from consideration any oral
testimony, document or other thing, whether admis-
sible in a court of law or not.
(2) Where any person without lawful excuse, l)^^^^t
for failure
to attend,
(a) on being duly summoned under subsection (1) as a etc.
witness before the arbitrator or board of arbitration,
as the case may be, makes default in so attending;
(b) being in attendance as a witness before the arbitrator
or board of arbitration, as the case may be, refuses
to take an oath or to make an affirmation legally
required by the arbitrator or board of arbitration
to be taken or made, or to produce any document
or thing in his power or control legaUy required by
the arbitrator or board of arbitration to be produced
to him or it, or to answer any question to which the
arbitrator or board of arbitration may legally require
an answer; or
(c) does any other thing that would, if the arbitrator
or board of arbitration had been a court of law
having power to commit for contempt, have been
contempt of that court,
the arbitrator or board of arbitration may state a case to
the Divisional Court setting out the facts and that court
may, on the application of the arbitrator or board of arbitra-
tion, inquire into the matter and, after hearing any witnesses
who may be produced against or on behalf of that person
808
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 28 (2)
and after hearing any statement that may be offered in
defence, punish or take stef)s for the punishment of that
person in like manner as if he had been guilty of contempt of
the court. 1975, c. 74, s. 29.
Duty of 20. — (1) The arbitrator or board of arbitration shall inquire
or board of into, consider and decide on all matters remaining in dispute
between the parties.
ma"br*^^*' (2) In the conduct of proceedings before him or it and in
arbftratoro/ reaching a decision in respect of a matter in dispute, the
board of arbitrator or board of arbitration may inquire into and consider
£Li*Ditji'flitjion
any matter that the arbitrator or board of arbitration con-
siders relevant to the making of an agreement between the
parties. 1975, c. 74, s. 30.
Time for
report of
aroitrator or
board of
arbitration
30. — (1) The arbitrator or board of arbitration shall com-
plete the consideration of all matters in dispute between the
parties and shall report in writing his or its decision on the
matters to the parties and to the Commission within sixty
days after the giving of notice of the appointment of the
arbitrator or of the appointment of the chairman of the board
of arbitration, as the case may be, or within such longer
period of time as may be provided in writing by the arbitrator
or board of arbitration and consented to by the Commission.
Effect of
decision
(2) The decision of the arbitrator or board of arbitration
is binding upon the parties and they shall comply in good
faith with the decision.
Reference
back to
arbitrator
or board of
arbitration
(3) The arbitrator or board of arbitration may, upon appli-
cation by either party to a decision within ten days after the
release of the decision, subject to affording the parties the
opportunity to make representations thereupon to the
arbitrator or board of arbitration amend, alter or vary the
decision where it is shown to the satisfaction of the arbitrator
or board of arbitration that it has failed to deal with any
matter in dispute referred to it or that an error is apparent on
the face of the decision. 1975, c. 74, s. 31.
Preparation
and
execution of
documents
Where
arbitrator
or board of
arbitration
to prepare
document
31. — (1) Within thirty days after receipt by the parties of
the report of the arbitrator or board of arbitration, as the
case may be, the parties shall prepare a document giving
effect to all matters agreed upon by the parties and the
decision of the arbitrator or board of arbitration and shall
execute the document and thereupon it constitutes an agree-
ment.
(2) If the parties fail to execute the document within the
period of time mentioned in subsection (1), the arbitrator or
Sec. 33 COLLEGES COLLECTIVE BARGAINING Chap. 74 809
board of arbitration, as the case may be, shall prepare the
document and submit it to the parties and shall fix the time
within which and the place where the parties shall execute
the document.
(3) If the parties or either of them fail to execute the failure to
^ ' * execute
document within the time fixed by the arbitrator or the document
board of arbitration, the document shall be deemed to be in
effect as though it had been executed by the parties and the
document thereupon constitutes an agreement. 1975, c. 74,
s. 32.
PART V
FINAL OFFER SELECTION
32. — (1) Where the parties agree to refer all matters Parties to
..... , ^ , , , • , , give notice to
remaming in dispute between them that may be provided commission
for in an agreement to a selector, the parties shall jointly give selection
written notice to the Commission that they have so agreed *^^ "^°°
and the notice shall state that the parties agree to refer
the matters to a selector and,
{a) the date of appointment and the name and address
of the selector ; or
(b) that the parties have not appointed the selector and
that the parties request the Commission to appoint
the selector.
(2) The parties shall, together 'with the notice mentioned ^^^^'^^^^
in subsection (1), give to the Commission a written statement
signed by the parties setting out that neither party will
withdraw from the proceedings after the final offers of the
parties have been submitted to the selector and that the
decision of the selector will be accepted by the parties as
binding upon them.
(3) Except as provided in section 49, where the parties give Paf^y^°^ to
to the Commission a written statement in accordance with
subsection (2), a party shall not withdraw from the proceedings
after the final offer of either of the parties has been submitted
to the selector.
(4) Where the parties request the Commission to appoint ^J^^iggjon
the selector, the Commission shall make the appointment appoints
and give notice of the appointment of the selector to the
parties and the notice shall set out the name and address of
the person appointed and the date of the appointment. 1975,
c. 74. s. 33.
88. No person shall be appointed a selector who has a p^^ibited
direct pecuniary interest in the matters coming before him as selector
or who is acting or has, within the period of six months
810
Chap. 74 COLLEGES COLLECTIVE BARGAINING
Sec. 33
Selector
unable to
act
immediately before the date of his appointment, acted as
solicitor, counsel, negotiator, advisor or agent of either of
the parties or a board. 1975, c. 74, s. 34.
34. Where a selector is unable to enter on or to carry on
his duties so as to enable a decision to be rendered within
the time specified by this Act or such longer period of time
as may be provided in writing by the selector and consented
to by the Commission or ceases to act by reason of with-
drawal or death, the Commission shall give notice thereof to
the parties who shall, within seven days of the giving of the
notice, appoint a person to be the selector, and if the appoint-
ment is not so made by the parties it shall be made by the
Commission, and after the selector is appointed, the selection
procedure shall begin de novo. 1975, c. 74, s. 35.
35. Within seven days after the giving of notice that the
selector has been appointed, the parties shall jointly give
written notice to the selector setting out all the matters that
the parties have agreed upon for inclusion in an agreement
and all the matters remaining in dispute between the parties.
1975, c. 74, s. 36.
36. Within fifteen days after the giving of notice that
the selector has been appointed, each party shall give written
notice to the selector setting out the final offer of the party
on all the matters remaining in dispute between the parties
and may submit with the notice a written statement in support
of the final offer set out in the notice. 1975, c. 74, s. 37.
^ina^ offer of 37^ Upon receiving the notices of the parties setting out
party the final offer of each party, the selector shall forthwith give
to each party a copy of the notice setting out the final offer
of the opposite party on all the matters remaining in dispute
between the parties together with a copy of the statement,
if any, of the opposite party submitted in support of the final
offer of the opposite party. 1975, c. 74, s. 38.
Notice of
matters
agreed upon
and matters
In dispute
Notice of
final offer
Written
response
Hearing
38. Each party may, within ten days after being given
a copy of the final offer and supporting statement, if any,
of the opposite party, give to the selector a written reply and
the selector shall forthwith give a copy of the reply of each
party to the opposite party. 1975, c. 74, s. 39.
39. Within fifteen days after each party has been given
a copy of the final offer and supporting statement, if any,
of the opposite party, or within such longer period of time as
may be provided in writing by the selector and consented to
by the Commission, the selector shall hold a hearing in respect
of the matters remaining in dispute between the parties and
may, before making a selection, hold a further hearing or
hearings. 1975, c. 74, s. 40.
Sec. 41 (3) COLLEGES COLLECTIVE BARGAINING Chap. 74 811
40. The parties may agree to dispense with a hearing by duminse"*^
the selector and in such case may jointly give written notice with hearing
to the selector that they have so agreed, and the selector,
upon receipt of the notice, shall not hold a hearing but shall
proceed to his decision. 1975, c. 74, s. 41.
41.- — (1) The selector shall determine his own procedure ^°*^**'^"
but, in holding a hearing, shall give full opportunity to the
parties to present their evidence and make their submissions.
(2) The selector has power, r°irctor°'
(a) to summon any person,
(i) to give oral or written evidence on oath or
affirmation to the selector, or
(ii) to produce in evidence for the selector such
documents and other things as the selector
may specify;
(6) to administer oaths and affirmations;
(c) to accept for or exclude from consideration any oral
testimony, document or other thing, whether admis-
sible in a court of law or not.
(3) Where any person without lawful excuse, prweeSfngs
(a) on being duly summoned under subsection (2) as a
witness before the selector makes default in so
attending ;
(6) being in attendance as a witness before the selector
refuses to take an oath or to make an affirmation
legally required by the selector to be taken or made,
or to produce any document or thing in his p)ower
or control legally required by the selector to be
produced to him, or to answer any question to
which the selector may legally require an answer; or
(c) does any other thing that would, if the selector
had been a court of law having power to commit
for contempt, have been contempt of that court,
the selector may state a case to the Divisional Court setting
out the facts and that court may, on the appHcation of
the selector, inquire into the matter and, after hearing
any witnesses who may be produced against or on behalf of
that person and after hearing any statement that may be
812
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 41 (3)
offered in defence, punish or take steps for the punishment
of that person in like manner as if he had been guilty of
contempt of the court. 1975, c. 74, s. 42.
offlnai*°° 42. The selector shall, within fifteen days after the con-
offer elusion of the hearing or hearings or within fifteen days after
the giving of the notice by the parties that they have agreed
to dispense with a hearing, as the case may be, or within
such longer period of time as may be provided in writing by
the selector and consented to by the Commission, make a
decision selecting all of one of the final offers on all matters
remaining in dispute between the parties given to the selector
by one or the other of the parties. 1975, c. 74, s. 43.
d(^*i8ion ^^* ^^^ decision of the selector is binding upon the parties
and they shall comply in good faith with the decision. 1975,
c. 74, s. 44.
Preparation 44._(i) Within thirty days after receipt of notice of the
execution of decision of the selector, the parties shall prepare a document
parties giving effect to all matters agreed upon by the parties and
the decision of the selector and shall execute the document
and thereupon it constitutes an agreement.
(2) If the parties fail to execute the document within the
period of time mentioned in subsection (1), the selector shall
prepare the document and submit it to the parties and shall
fix the time within which and the place where the parties
shall execute the document.
Where
selector to
Srepare
ocument
Failure to
execute
document
(3) If the parties or either of them fail to execute the
document within the time fixed by the selector, the document
shall be deemed to be in effect as though it had been executed
by the parties and the document thereupon constitutes an
agreement. 1975, c. 74, s. 45.
Term of
agreement
PART VI
AGREEMENTS
45. Every agreement shall,
{a) provide for a term of operation of not less than
one year ;
(6) state that it is effective on and after the 1st day
of September in the year in which it is to come
into operation ; and
(c) state that it expires on the 31st day of August in
the year in which it ceases to operate. 1975, c. 74,
s. 46 (1).
Sec. 46 (2) COLLEGES COLLECTIVE BARGAINING Chap. 74 813
46. — (1) Ever>' agreement shall provide for the final and Arbitreuon
binding settlement by arbitration of all differences between
an employer and the employee organization arising from
the interpretation, application, administration or alleged
contravention of the agreement including any question as to
whether a matter is arbitrable.
(2) Unless an agreement otherwise provides for the final^**®'"
and binding settlement of all differences between an employer
and the employee organization arising from the interpre-
tation, application, administration or alleged contravention
of the agreement, the agreement is deemed to include the
following provision :
Where a difference arises between an employer and the
employee organization relating to the interpretation,
application or administration of this agreement, or where
an allegation is made that this agreement has been
contravened, including any question as to whether the
matter is arbitrable, either the employer or the employee
organization may, after exhausting any grievance pro-
cedure established by this agreement, notify the other
in writing of its desire to submit the difference or
allegation to arbitration and the notice shall contain
the name of its appointee to an arbitration board.
The recipient of the notice shall within five days
inform the other either that it accepts the other's
appointee as a single arbitrator or inform the other of
the name of its appointee to the arbitration board.
Where two appointees are so selected they shall, within
five days of the appointment of the second of them,
appoint a third person who shall be the chairman. If
the recipient of the notice fails to appoint an arbitrator
or if the two appointees fail to agree upon a chairman
within the time limited, the appointment shall be made
by the Commission upon the request of either the employer
or the employee organization. The single arbitrator or
the arbitration board, as the case may be, shall hear
and determine the difference or allegation and shall issue
a decision and the decision is final and binding upon the
employer and the employee organization and upon any
employee affected by it. The decision of a majority
is the decision of the arbitration board, but, if there
is no majority, the decision of the chairman governs.
The arbitrator or arbitration board, as the case may be,
shall not by his or its decision add to, delete from,
modify or otherwise amend the provisions of this agree-
ment.
814
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 46 (3)
Powers of
arbitrator
or board of
arbitration
(3) An arbitrator or chairman of an arbitration board,
as the case may be, referred to in this section, has the same
powers as an arbitrator or board of arbitration under sub-
section 28 (1).
Penalty
where
employee
disciplined,
etc.
(4) Where an arbitrator or arbitration board referred to in this
section determines that a discipHnary penalty or dismissal of an
employee is excessive, the arbitrator or arbitration board, as the
case may be, may substitute such other penalty for the discipline
or dismissal as the arbitrator or arbitration board considers just
and reasonable in all the circumstances.
Decision
(5) The decision of an arbitrator or of an arbitration
board is final and binding upon the employer, employee
organization and upon the employees covered by the agree-
ment who are affected by the decision, and such employer,
employee organization and employees shall do or refrain
from doing anything required of them by the decision.
Enforcement
(6) Where an employer, employee organization or an
employee has failed to comply with any of the terms of the
decision of an arbitrator or arbitration board, any employer,
employee organization or employee affected by the decision
may, after the expiration of fourteen days from the date of
the release of the decision or the date provided in the decision
for compliance, whichever is later, file in the office of the
Registrar of the Supreme Court a copy of the decision,
exclusive of the reasons therefor, in the prescribed form,
whereupon the decision shall be entered in the same way as a
judgment or order of that court and is enforceable as such.
Remuner-
ation and
expenses
(7) The employer and employee organization shall each
pay one-half the remuneration and expenses of the arbitrator
or chairman of the arbitration board referred to in this section and
shall pay the remuneration and expenses of the person it appoints
to such an arbitration board.
Application (g) jhc Arbitrations Act and the Statutory Powers Procedure
R.S.O. 1980, ^ct do not apply to arbitration proceedings under this sec-
cc. 25,484 tion 1975^ c. 74, s. 47.
Pro^ion 47. — (1) Every agreement shall provide that there will
strikes and be no Strike or lock-out during the term of the agreement
or of any renewal of the agreement.
statutory
provision
(2) If an agreement does not contain the provision men-
tioned in subsection (1), the agreement shall be deemed to
contain the following provision:
Sec. S3 (2) COLLEGES COLLECTIVE BARGAINING Chap. 74 815
"There shall be no strike or lock-out during the term of
this agreement or of any renewal of this agreement".
1975. c. 74, s. 48.
48. — (1) No agreement, decision of an arbitrator, board of ^^IH"^^'^^
arbitration or selector shall contain any term that would fl^j^i^^.j
require either directly or indirectly for its implementation impiemen-
the enactment or amendment of legislation.
(2) Where a conflict appears between any provision of an conflict
agreement and any provision of any legislation, the provision
of the legislation prevails. 1975, c. 74, s. 49.
49. Where the parties agree on all the matters to be ]|^^|^^gjj^
included in an agreement, whether during or at the con- reached
elusion of negotiations or other proceedings under this Act,
they shall prepare a document incorporating all the matters
agreed upon and shall execute the document and the docu-
ment thereupon constitutes an agreement. 1975, c.-74, s. 50.
50. Upon the execution of an agreement, each party to the commission
agreement shall forthwith give written notice thereof , of execution
°, ., ,,° 1/- •• of agreement
together with a copy of the agreement, to the Commission.
1975, c. 74, s. 51.
51. An agreement is binding upon the Council, the employers ^iP^i'^?
and the employee organization that is a party to it and upon the agreement
employees in the bargaining unit covered by the agree-
ment. 1975, c. 74, s. 52 (1).
52. Ever>' agreement shall be deemed to provide that the p®o°vi|fon°°
employee organization that is a party thereto is recognized
as the exclusive bargaining agent for the bargaining unit to
which the agreement applies. 1975, c. 74, s. 53.
53. — (1) The parties to an agreement may provide for the Payment of
payment by the employees of dues or contributions to the employee
employee organization. organization
(2) Where the Ontario Labour Relations Board is satisfied ^J^^re
, , .... objection
that an employee because of his religious convictions or belief to dues
b6C£LU.S6 of
objects to paying dues or contributions to an employee religious
organization, the Ontario Labour Relations Board shall order
that the provisions of the agreement jjertaining thereto
do not apply to such employee and that the employee is not
required to pay dues or contributions to the employee
816
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. S3 (2)
R.S.C. 19S2,
c. 148
organization, provided that amounts equivalent thereto are
r^nitted by the employer to a charitable organization
mutually agreed upon by the employee and the employee
organization and failing such agreement then to such
charitable organization registered as such under Part I of
the Income Tax Act (Canada) as may be designated by the
Ontario Labour Relations Board.
RequirinR (3) No agreement shall contain a provision which would
In employee require, as a condition of employment, membership in the
proWbited°" employee organization. 1975, c. 74, s. 54.
Working
conditions
may not be
altered
Idem
54. — (1) Where notice has been given by either party to
an agreement under section 4, except as altered by an
agreement in writing by the parties, the terms and provisions
of the agreement then in operation shall continue to operate
until there is a right to strike or lock-out as provided in this
Act.
(2) Where notice has been given by the employee organiza-
tion under section 70, the conditions then in effect applicable
to or binding upon the Council, the employer, the employee
organization or the employees which are subject to negotia-
tions within the meaning of this Act shall not be altered
without the consent of the Council, the employer, the
employee organization or the employees, as the case may be,
until there is a right to strike or lock-out as provided in this
Act. 1975, c. 74, s. 55.
PART VII
COLLEGE RELATIONS COMMISSION
Commission
established
55. — (1) There shall be a commission to be known as the
College Relations Commission composed of five persons
who shall be appointed by the Lieutenant Governor in
Council.
Chairman (2) The Lieutenant Governor in Council shall designate
chairman a chairman and a vice-chairman from among the members
of the Commission.
Acting
chairman
(3) In the case of the absence or inability to act of the
chairman or of there being a vacancy in the office of the
chairman, the vice-chairman shall act as and have all the
powers of the chairman, and, in the absence of the chairman
and vice-chairman from any meeting of the Commission,
the members of the Commission present at the meeting shall
appoint an acting chairman who shall act as and have all
the powers of the chairman during the meeting.
Sec. 55 (12) COLLEGES COLLECTIVE BARGAINING Chap. 74 817
(4) The members of the Commission shall be appointed J^™ °'
for a term of one, two or three years so that as nearly as
{X>ssible one-third of the members shall retire each year.
(5) Every vacancy on the Commission caused by theV**^*^*'^
death, resignation or incapacity of a member may be filled
by the appointment by the Lieutenant Governor in Council
of a person to hold office for the remainder of the term of
such member.
(6) Each of the members of the Commission is eligible^ intment
for reappointment upon the expiration of his term of office.
(7) Three members of the Commission constitute a quorum Q°°"^™
and are sufficient for the exercise of edl the authority of the
Commission.
(8) The powers of the Commission shall be exercised t)y?J®^"°«
resolution and the Commission may pass resolutions govern-
ing the calling of and the proceedings at meetings and
specifying the powers and duties of employees of the Com-
mission and generally dealing with the carrying out of its
duties.
(9) The members of the Commission shall be paid such^™'^®"^-
remuneration and expenses as are determined by the
Lieutenant Governor in Council.
(10) Subject to the approval of the Lieutenant Governor officers.
• V 1 \.u n ■ • staff, etc.
m Council, the Commission may,
(a) establish job classifications, salary ranges and terms
and conditions of employment for its employees;
and
(6) appoint and pay such employees as are considered
proper.
(11) The Public Service Superannuation Act applies to the Rso. i98o,
permanent employees of the Commission as though the applicable
Commission had been designated by the Lieutenant (jovernor
in Council under section 28 of that Act.
(12) The Commission may engage persons other than fSd'^er"**
those employed pursuant to subsection (10) to provide assistance
professional, technical or other assistance to or on behalf
of the Commission, and may prescribe the terms of engage-
ment and provide for payment of the remuneration and
expenses of such persons. 1975, c. 74, s. 56.
818 Chap. 74 colleges collective bargaining Sec. 56 (1)
Duties of 56. — (1) It is the duty of the Commission,
Commission
{a) to carry out the duties imposed on it by this Act
and such other functions as may, in the opinion
of the Commission, be necessary to carry out the
intent and purpose of this Act ;
(b) to maintain an awareness of negotiations between the
parties ;
(c) to compile statistical information on the supply,
distribution, professional activities and salaries of
employees ;
{d) to provide such assistance to parties as may
facilitate the making or renewing of agreements ;
{e) to select and, where necessary, to train persons who
may act as mediators, fact finders, arbitrators or
selectors ;
(/) to determine, at the request of either party or in
the exercise of its discretion, whether or not either
of the parties is or was negotiating in good faith
and making every reasonable effort to make or renew
an agreement ;
(g) to determine the manner of conducting and to
supervise votes by secret ballot pursuant to this
Act; and
(h) to advise the Lieutenant Governor in Council when,
in the opinion of the Commission, the continuance
of a strike, lock-out or closing of a college or
colleges will place in jeopardy the successful com-
pletion of courses of study by the students affected
by the strike, lock-out or closing of the college or
colleges.
Provision (2) The Commission may request an employer to provide
information information necessary to compile the statistical information
referred to in clause (1) (c) and an employer shall comply with such
a request within a reasonable period of time.
^port^ (3) The Commission shall annually prepare a report on the
affairs of the Commission for the preceding year and the
report shall be tabled in the Legislature. 1975, c. 74, s. 57.
Sec.59(l)(e) COLLEGES COLLECTIVE BARGAINING Chap. 74 819
57. No member of, or person employed or engaged by, the me'mberof *'^
Commission shall be required to give testimony in any commission
proceeding under this Act or before a court or tribunal with
regard to information obtained by him in the discharge of
his duties as a member of or person employed or engaged
by the Commission. 1975, c. 74, s. 58.
58. The moneys required for the purposes of the Commission Moneys
shall be paid out of the moneys appropriated therefor by the
Legislature. 1975, c. 74, s. 59, revised.
PART VIII
STRIKES AND LOCK-OUTS
59. — (1) No employee shall strike unless, strike
{a) there is no agreement in operation between the
Council and the employee organization that repre-
sents the employee;
(b) notice of desire to negotiate to make or renew
an agreement has been given by either party ;
(c) all the matters remaining in dispute between the
Council and the employee organization that represents
the employee have been referred to a fact finder
and fifteen days have elapsed after the Commission
has made public the report of the fact finder;
(d) the offer of the Council in respect of all matters
remaining in dispute between the parties last
received by the employee organization that represents
the employee is submitted to and rejected by the
employees in the bargaining unit by a vote by
secret ballot conducted under the supervision of and
in the manner determined by the Commission;
(e) the employees in the bargaining unit have voted,
not earlier than the vote referred to in clause (d) and
not before the end of the fifteen-day period referred
to in clause (c), in favour of a strike by a vote by
secret ballot conducted under the supervision of and
in the manner determined by the Commission; and
820
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec.59(l)(/)
(/) after a vote in favour of a strike in accordance
with clause (e), the employee organization that
represents the employee gives the Council and the
employer written notice of the strike and of the date
on which the strike will commence at least five
days before the commencement of the strike.
Where
employees
deemed to
take part
In strike
(2) Where the employee organization gives notice of a
lawful strike, all employees in the bargaining unit concerned
shall be deemed to be taking part in the strike from the date
on which the strike is to commence, as set out in the written
notice, to the date on which the employee organization
gives written notice to the Council and the employer that
the strike is ended, and no employee shall be paid salary or
benefits during such period.
Resumption
of strike
(3) Where a strike is ended without an agreement coming
into effect, no employee shall resume striking or engage in a
new strike except after the provisions of clauses (1) id), (e) and (/)
have again been complied with in respect of such resumption or
new strike. 1975, c. 74, s. 60.
Unlawful
strike
(>(). — (1) No employee organization shall call or authorize
or threaten to call or authorize an unlawful strike.
Idem
(2) No officer, official, or agent of an employee organiza-
tion shall counsel, procure, support or encourage an unlawful
strike or threaten an unlawful strike. 1975, c. 74, s. 61.
Unlawful
lock-out
(J 1 . — (1) The Council shall not and no employer shall call
or authorize or threaten to call or authorize an unlawful
lock-out.
Idem
(2) No officer, official, or agent of the Council or of an
employer shall counsel, procure, support or encourage an
unlawful lock-out or threaten an unlawful lock-out. 1975,
c. 74, s. 62.
Declaration
of unlawful
strike
02. — (1) Where the employee organization calls or author-
izes a strike or employees engage in a strike that the Coun-
cil or an employer alleges is unlawful, the Council or the
employer may apply to the Ontario Labour Relations Board
for a declaration that the strike is unlawful, and the Board
may make the declaration.
Declaration
of unlawful
lock-out
(2) Where the Council or employer calls or authorizes a
lock-out of employees that the employee organization con-
Sec. 63 (2) COLLEGES COLLECTIVE BARGAINING Chap. 74 821
cerned alleges is unlawful, such employee organization may
apply to the Ontario Labour Relations Board for a declara-
tion that the lock-out is unlawful, and the Board may
make the declaration.
(3) Where the Ontario Labour Relations Board makes agj^^uon^
declaration under subsection (1) or (2), the Board in its
discretion may, in addition, direct what action if any a
person, employee, employee organization. Council or em-
ployer and their officers, officials or agents shall do or
refrain from doing with respect to the unlawful strike or
unlawful lock-out.
(4) The Ontario Labour Relations Board shall file in the Enforcement
^ ' <• 1 ^ /-• oiairectlon
office of the Registrar of the Supreme Court a copy of abys.c.o.
direction made under subsection (3), exclusive of the reasons
therefor, whereupon the direction shall be entered in the
same way as a judgment or order of the court and is
enforceable as such. 1975, c. 74, s. 63.
(13. — (1) No employer shall lock-out employees unless, Lock-out
(a) there is no agreement in operation between the
Council and the employee organization that re-
presents the employees;
(6) notice of desire to negotiate or make or renew an
agreement has been given by the Council to the em-
ployee organization that represents the employees
or by the employee organization that represents the
employees to the Council and the Council has
negotiated in good faith and made every reasonable
effort to make or renew an agreement ;
(c) all the matters remaining in dispute between the
Council and the employee organization that re-
presents the employees have been referred to a
fact finder and thirty days have elapsed after the
Commission has given a copy of the report of
the fact finder to each of the parties ;
{d) the Council on behalf of all employers gives the
employee organization that represents the employees
written notice of the lock-out and of the date on which
the lock-out will commence at least five days before
the commencement of the lock-out.
(2) Where a lawful strike is declared or authorized or JJclnlge
employees engage in a lawful strike, the employer may,
with the approval of the Council, close a college or any part
thereof where the employer is of the opinion that.
822
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec.63(2)(a)
(a) the safety of students enrolled in the college may be
endangered ;
(6) the college buildings or the equipment or supplies
therein may not be adequately protected during the
strike; or
(c) the strike will substantially interfere with the
operation of the college,
and may keep the college or any part thereof closed until
the employee organization that called or authorized the
strike or that represents the employees engaged in the strike
gives written notice to the Council and the employer that
the strike is ended.
Where
lock-out
deemed
(3) Where the Council gives notice of a lawful lock-out,
all employers shall be deemed to be taking part in the lock-
out from the date on which the lock-out is to commence
set out in the written notice and an employee in the bar-
gaining unit concerned is not entitled to be paid his salary
and benefits in respect of the days on which he is prevented
from performing his duty as the result of action by an em-
ployer pursuant to subsection (1) or (2). 1975, c. 74, s. 64.
tion^of*^* 64. For the purposes of this Act, no person shall be deemed
employment to have ceased to be an employee by reason only of his
ceasing to work for his employer as the result of a lawful
lock-out or lawful strike or by reason only of his being dis-
missed by his employer contrary to this Act or to a collective
agreement. 1975, c. 74, s. 65.
PART IX
REPRESENTATION RIGHTS
in^e'mpi"yee ^^* Every person is free to join an employee organiza-
organization tion of his own choice and to participate in its lawful
activities. 1975, c. 74, s. 66.
Application
for
bargaining
rights
Idem
66. — (1) Where an agreement is for a term of not more
than three years, an employee organization may apply to
the Ontario Labour Relations Board for bargaining rights
as bargaining agent of the employees in the bargaining unit
only during the month of December immediately prior to the
termination date of the agreement.
(2) Where an agreement is for a term of more than three
years, an employee organization may apply to the Ontario
Sec. 71(1) COLLEGES COLLECTIVE BARGAINING Chap. 74 823
Labour Relations Board for bargaining rights as bargaining
agent of the employees in the bargaining unit only during
the month of December,
(a) in the third year of operation of the agreement ; or
{b) in each year of operation of the agreement after
the third year. 1975. c. 74, s. 67.
67. — (1^ The bargaining units set out in the Schedules are Bargaining
the units for collective bargaining purposes under this Act.
(2) The employee organization that is party to the Employee ^^
agreement covering the academic staff bargaining unit or the that hM^
support staff bargaining unit on the 18th day of July, 1975 shall be rights
deemed to have been granted bargaining rights in relation to such
bargaining unit on the ISthday of July, 1975. 1975, c. 74, s. 68,
revised .
resen-
on vote
68. — (1) Upon an application for bargaining rights by ^^^
an employee organization claiming not less than 35 per cent
of the employees in the appropriate bargaining unit as
members, the Ontario Labour Relations Board upon satisfying
itself that not less than 35 per cent of such employees are
members of the employee organization shall direct that a
representation vote be taken.
(2) If, on the taking of a representation, vote, more than Bargaining
50 per cent of the ballots cast are in favour of the employee
organization, the Ontario Labour Relations Board shall
grant bargaining rights to the employee organization as the
bargaining agent of the employees in the bargaining unit.
1975, c. 74, s. 69.
69. The Ontario Labour Relations Board shall not grant ^^[;^ipatioE
bargaining rights to any employee organization in the forma- byCouncii^^
tion or administration of which there has been or is, in the
opinion of the Ontario Labour Relations Board, participation
by the Council, or an employer or any person acting on
behalf of the Council or an employer of such a nature as
to impair the employee organization's fitness to represent
the interest of employees in the bargaining unit. 1975, c. 74,
s. 70.
70. Upon being granted bargaining rights under sec-NoM^^of
tion 68, the employee organization may give the Council negotiate
written notice of its desire to negotiate with a view to
making an agreement. 1975, c. 74, s. 71.
71.— (l)If an employee organization does not enter into ^PPj^^tion
an agreement with the Council within one year after being ^1^°^°^^^
granted bargaining rights or fails to give notice of itstaw<^
824
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 71 (1)
intention to bargain as provided under section 70 and no such
notice has been given by the Council, the Council or any
employee in the bargaining unit concerned may apply to the
Ontario Labour Relations Board for a declaration that
the employee organization no longer represents the employees
in the bargaining unit.
Idem
(2) Any employee in the bargaining unit covered by an
agreement may apply to the Ontario Labour Relations
Board for a declaration that the employee organization no
longer represents the employees in the bargaining unit only
during the month of December immediately prior to the
termination date of the agreement.
Represen-
tation vote
Result of
vote
Effect of
termination
(3) Upon the application under subsection (2), the Ontario
Labour Relations Board shall ascertain the number of
employees in the bargaining unit at the time the applica-
tion was made and if a majority of the employees in the
bargaining unit have voluntarily signified in writing that
they no longer wish to be represented by the employee
organization, the Ontario Labour Relations Board shall con-
duct a representation vote to determine whether or not the
employees desire that the right of the employee organiza-
tion to bargain on their behalf be terminated.
(4) If, on the taking of the representation vote, more than
50 per cent of the ballots cast are in opposition to the
employee organization, the Ontario Labour Relations Board
shall declare that the employee organization that was granted
bargaining rights or that was or is a party to the agree-
ment, as the case may be, no longer represents the employees
in the bargaining unit.
(5) Upon the Ontario Labour Relations Board declaring
that the employee organization no longer represents the
employees in the bargaining unit, the employee organiza-
tion ceases to have such representation rights and any
agreement in operation between the employee organization
and the Council that is binding upon the employees in the
bargaining unit ceases to operate and any decision of an
arbitrator, board of arbitration or selector applying to the
bargaining unit ceases to have effect. 1975, c. 74, s. 72.
Terinination 72. — (1) Where the Ontario Labour Relations Board is
of rights . .
where advised bv an employee organization that it wishes to be
organization released of its representation rights in respect of a bar-
has^ceased gaining unit or where the Ontario Labour Relations Board,
'^^^^ upon application by the employer or any employee in a
bargaining unit represented by an employee organization,
determines that the employee organization has ceased to act
Sec. 75 (2)(a) colleges collective bargaining Chap. 74 825
on behalf of the employees, the Ontario Labour Relations
Board shall declare that the employee organization no longer
represents the employees in the bargaining unit.
(2) Where the Ontario Labour Relations Board is satisfied JSlI^S^b?*
that an employee organization has obtained representation fraud
rights in respect of a bargaining unit by fraud, the Ontario
Labour Relations Board shall declare that the employee
organization no longer represents the employees in the
bargaining unit.
(3) Upon the Ontario Labour Relations Board declaring ^ffect^^^^^
that the employee organization no longer represents the
employees in the bargaining unit, the employee organization
ceases to have such bargaining rights and any agreement
in operation between the employee organization and the
Council that is binding upon the employees in the bargaining
unit ceases to operate and any decision made by an arbitrator,
board of arbitration or selector, applying to the bargaining
unit ceases to have effect. 1975, c. 74, s. 73.
73. No person shall attempt at the employee's place of at*"l^^°°
employment to persuade him to become or refrain from of work
becoming a member of an employee organization, except
as the Council and an employee organization may otherwise
agree. 1975, c. 74, s. 74.
74. Nothing in this Act prohibits any suspension orSuspensi^
discontinuance for cause of an employer's operations or the for cause
quitting of employment for cause if the suspension, dis-
continuance or quitting does not constitute a lock-out or
strike. 1975, c. 74. s. 75.
75.— (1) No person who is acting on behalf of the Council interference
or an employer shall participate in or interfere with the o'"P^°{^®jon
selection, formation or administration of an employee organiza- prohibited
tion or the representation of employees by such an organiza-
tion, but nothing in this section shall be deemed to deprive
the Council or an employer or any person acting on behalf
of the Council or an employer of his freedom to express his
views so long as he does not use coercion, intimidation, threats,
promises or undue influence.
(2) The Council, an employer or any person acting on J°terference
behalf of an employer shall not, employees
prohibited
(a) refuse to employ or to continue to employ or dis-
criminate against a person with regard to employ-
ment or any term or condition of employment because
the person is exercising any right under this Act
or is or is not a member of an employee organiza-
tion;
826 Chap. 74 colleges collective bargaining Sec. 75 (2) (6)
(b) impose any condition on an appointment or in a
contract of employment that seeks to restrain an
employee or a person seeking employment from
becoming a member of an employee organization
or exercising any right under this Act ;
(c) seek by intimidation, by threat of dismissal or by
any other kind of threat or by the imposition of a
pecuniary or any other penalty or by any other
means to compel an employee to become or refrain
from becoming or to continue or cease to be a mem-
ber of an employee organization, or to refrain from
exercising any other right under this Act,
but no person shall be deemed to have contravened this
subsection by reason of any act or thing done or omitted
in relation to a person employed in a managerial or con-
fidential capacity.
ind"^^*^**^"" (3) No person or employee organization shall seek by
coercion intimidation or coercion to compel any person to become
or refrain from becoming or to continue to be or to cease to be
a member of an employee organization or to refrain from
exercising any other rights under this Act or from per-
forming any obligations under this Act. 1975, c. 74, s. 76.
Duty of fair 76. An employee organization shall not act in a manner
tation that is arbitrary, discriminatory or in bad faith in the
representation of any of the employees, whether members of
the employee organization or not. 1975, c. 74, s. 77.
iSvei^gator '^ '^ ' — ^^^ ^^^ Ontario Labour Relations Board may appoint
an investigator with authority to inquire into a complaint
that,
(a) a person has been refused employment, discharged,
discriminated against, threatened, coerced, intimi-
dated or otherwise dealt with contrary to this Act
as to his employment, opportunity for employment
or conditions of employment ;
(b) a person has been suspended, expelled or penalized
in any way contrary to section 79;
(c) an employee organization, employer or any per-
son or persons hcis acted in any way contrary to
section 76 or 80.
Duties ^2) The investigator shall forthwith inquire into the
complaint and endeavour to effect a settlement of the matter.
Sec. 77(4) (c) colleges collective bargaining Chap. 74 827
(3) The investigator shall report the results of his inquiry ^^p*"^
and endeavours to the Ontario Labour Relations Board.
(4) Where an investigator is unable to effect a settle- ^^^^rf ^^
ment of the matter or where the Ontario Labour Relations
Board in its discretion considers it advisable to dispense
with an inquiry by an investigator, the Ontario Labour
Relations Board may inquire into the complaint and,
(a) if the Ontario Labour Relations Board is satisfied
that the person concerned has been refused em-
ployment, discharged, discriminated against,
threatened, coerced, intimidated or otherwise dealt
with contrary to this Act as to his employment,
opportunity for employment or conditions of em-
ployment by the Council, employer or by any
person or employee organization it shall determine
what, if anything, the Council, employer, person or
employee organization shall do or refrain from doing
with respect thereto, and such determination may
include the hiring or reinstatement in employment of
the person concerned, with or without compensation
or compensation in lieu of hiring or reinstatement for
loss of earnings and other employment benefits
for which compensation may be assessed against
the Council, employer, person or employee organiza-
tion, jointly or severally, and the Council, employer,
person or employee organization shall, notwith-
standing the provisions of any agreement, do or
abstain from doing anything required of them or
any of them by the determination ;
(b) if the Ontario Labour Relations Board is satisfied
that the person concerned has been suspended,
expelled or penalized in any way contrary to sec-
tion 79 it shall so declare and thereupon the sus-
pension, expulsion or penalty is void; or
(c) if the Ontario Labour Relations Board is satisfied
that the employee organization. Council, employer,
person or employee concerned has acted contrary
to section 76 or 80, it shall determine what, if
anything, the employee organization, Council, em-
ployer, person or employee shall do or refrain from
doing with respect thereto, and such determination
may include compensation for loss of earnings and
other employment benefits and the employee
organization. Council, employer, person or employee
shall, notwithstanding the provisions of any agree-
ment, do or abstain from doing anything required
of them or it.
828 Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 77 (5)
feu?ement ^^^ Where the matter complained of has been settled,
whether through the endeavours of the investigator or
otherwise, and the terms of the settlement have been put
in writing and signed by the parties or their representatives,
the settlement is binding upon the parties, the employee
organization, Council, employer, person or employee who
have agreed to the settlement and shall be complied with
according to its terms and a complaint that the employee
organization. Council, employer, person or employee who has
agreed to the settlement has not complied with the terms of
the settlement shall be deemed to be a complaint under
clause (1) (a), (b) or (c), as the case may be.
empio^ee^ (6) The records of an employee organization relating to
organization membership or any records that may disclose whether a
person is or is not a member of an employee organization
or does or does not desire to be represented by an employee
organization produced in a proceeding before the Ontario
Labour Relations Board is for the exclusive use of the Ontario
Labour Relations Board and its officers and shall not, except
with the consent of the Ontario Labour Relations Board, be
disclosed and no person shall, except with the consent of the
Ontario Labour Relations Board be compelled to disclose
whether a person is or is not a member of an employee
organization or does or does not desire to be represented by
an employee organization. 1975, c. 74, s. 78.
unlawful '^^* ^^ person shall do any act if he knows or ought to
strikes know that, as a probable and reasonable consequence
of the act, another person or persons will take any action
contrary to section 59. 1975, c. 74, s. 79.
^,f^o^^i^° 79. No employee organization shall suspend, expel or
unlawful penalize in any way a member because he has refused to
engage in or to continue to engage in any action contrary
to section 59. 1975, c. 74, s. 80.
Proteciwn^^ gQ^ — (1) Xhe Council or an employer or any person acting
rights on behalf of the Council or an employer shall not,
{a) refuse to employ or continue to employ a person;
(6) threaten dismissal or otherwise threaten a person;
(c) discriminate against a person in regard to employ-
ment or a term or condition of employment; or
(d) intimidate or coerce or impose a pecuniary or other
penalty on a person,
Sec. 82(1)0) COLLEGES COLLECTIVE BARGAINING Chap. 74 829
because of a belief that he may testify in a proceeding under
this Act or because he has made or is about to make a dis-
closure that may be required of him in a proceeding under
this Act or because he has made an application or filed a
complaint under this Act or because he has participated
or is about to participate in a proceeding under this Act.
(2) No employee organization or person acting on behalf wein
of an employee organization shall,
(a) discriminate against a person in regard to employ-
ment or a term or condition of employment; or
{b) intimidate or coerce or impose a pecuniary or other
penalty on a person,
because of a belief that he may testify in a proceeding
under this Act or because he has made or is about to make
a disclosure that may be required of him in a proceeding
under this Act or because he has made an application or
filed a complaint under this Act or because he has partici-
pated or is about to participate in a proceeding under this
Act. 1975, c. 74, s. 81.
81. If, in the course of bargaining for an agreement or ^1^^®""
during the period of operation of an agreement, a question employee
arises as to whether a person is an employee, including
a question as to whether a person employed as a chairman,
department head, director, foreman or supervisor is employed
in a managerial or confidential capacity pursuant to clause
1 (/) and the Schedules, the question may be referred to the Ontario
Labour Relations Board and its decision thereon is final and
binding for all purposes. 1975, c. 74, s. 82.
82.— (1) The Ontario Labour Relations Board shall exer- Snur?o°^
cise such powers and perform such duties as are conferred labour
upon it by this Act and has power, Board
(a) to enter any premises of an employer where work
is being or has been done by the employees or in
which an employer carries on business and inspect
and view any work, material, machinery, appliance
or article therein, and interrogate any person
respecting any matter;
(6) to enter upon the premises of an employer and
conduct representation votes during working hours
and give such directions in connection with the vote
as it considers necessary;
830 Chap. 74 colleges collective bargaining Sec.82(l)(c)
(c) to authorize any person to do anything that the
Ontario Labour Relations Board may do under
clauses (a) and (b) and to report to the Ontario Labour
Relations Board thereon;
{d) to determine the form in which and the time as of
which evidence of membership in an employee
organization or of objection by employees to repre-
sentation rights of an employee organization or of
signification by employees that they no longer wish
to be represented by an employee organization shall
be presented to the Ontario Labour Relations Board
on an application for representation rights or for a
declaration terminating representation rights, and to
refuse to accept any evidence of membership or
objection or signification that is not presented in
the form and as of the time so determined; and
{e) to administer oaths and affirmations.
Decisions ^2) The decision of the majority of the members of the
Ontario Labour Relations Board present and constituting a
quorum is the decision of the Ontario Labour Relations
Board, but, if there is no majority, the decision of the chair-
man or vice-chairman governs.
procedure""^ (3) The Ontario Labour Relations Board shall determine its
etc. own practice and procedure but shall give full opportunity
to the parties to any proceedings to present their evidence
and to make their submissions, and the Ontario Labour
Relations Board may, subject to the approval of the
Lieutenant Governor in Council, make rules governing its
practice and procedure and the exercise of its powers and
prescribing such forms as are considered advisable. 1975,
c. 74, s. 83.
PART X
MISCELLANEOUS
Sofi^°U) ^^' Where, under this Act, a party is required to give
be given to notice to another party, the party giving the notice shall
also within the same time limit, if any, give a copy of the
notice to the Commission. 1975, c. 74, s. 84.
Decisions, ^4. — (1) No decision, order, determination, direction, de-
commission claration or ruling of the Commission, a fact finder, an
not subject arbitrator or board of arbitration, a selector or the Ontario
Labour Relations Board shall be questioned or reviewed
in any court, and no order shall be made or process
entered, or proceedings taken in any court, whether by way
of injunction, declaratory judgment, certiorari, mandamus,
to review
Sec. 87 (1) COLLEGES COLLECTIVE BARGAINING Chap. 74 831
prohibition, quo warranto, application for judicial review or
otherwise, to question, review, prohibit or restrain the
Commission, fact finder, arbitrator or board of arbitration,
selector or the Ontario Labour Relations Board or the
proceedings of any of them.
(2) No proceedings under this Act are invalid by reason {^gctB
of anv defect of form or any technical irregularity and no technical
, ,, , , , i • J -x 1 Irregularities
such proceedings shall be quashed or set aside if no sub-
stantial wrong or miscarriage of justice has occurred. 1975,
c. 74, s. 85.
85. Any notice or document required or authorized by this noti2r°^
Act to be given shall,
(a) where it is to be given to the Commission, be
delivered to the office of the Commission ;
(6) where it is to be given to the Council or an employer,
be delivered to the office of the Council or the
employer, as the case may require;
(c) where it is to be given to an employee organi-
zation, be delivered to an officer of the employee
organization;
{d) where it is to be given to an arbitrator or selector,
be delivered to the arbitrator or selector ; and
{e) where it is to be given to a board of arbitration,
be delivered to the chairman. 1975, c. 74, s. 86.
86. — (1) The expenditures incurred by a party in respect costs
of a person appointed or retained by the party for the
purpose of making or renewing an agreement shall be borne
by the party and all other expenses, including fees for a
single arbitrator, a selector or a chairman of a board of
arbitration shall be shared equally by the parties and such
expenditures and fees shall be paid within sixty days after
the agreement or renewal of agreement is executed or is
deemed in effect as though it had been executed by the
parties.
(2) The fees and expenses, if any, of persons assigned byi<i«'"
the Commission to assist parties to make or renew an agree-
ment and of fact finders appointed by the Commission shall
be paid by the Commission. 1975, c. 74, s. 87.
87.— <1) Where the Ontario Labour Relations Board so offlcers^^^^^
directs, an employee organization shall file with the Ontario etc.
Labour Relations Board, within the time prescribed in the
direction, a copy of its constitution and by-laws, and a state-
ment signed by its president or secretary setting out the
names and addresses of its officers.
832
Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 87 (2)
Duty to
furnish
financial
statements
(2) Every employee organization that represents employees
shall upon the request of any employee furnish him, without
charge, with a copy of the audited financial statement of its
affairs to the end of its last fiscal year certified by its
treasurer or other officer responsible for the handling and
administration of its funds to be a true copy, and, upon the
complaint of any employee that the employee organization
has failed to furnish such a statement to him, the Ontario
Labour Relations Board may direct the employee organi-
zation to file with the Registrar, within such time as the
Ontario Labour Relations Board may determine, a copy of
the audited financial statement of its affairs to the end of its
last fiscal year verified by the affidavit of its treasurer or
other officer responsible for the handling and administration
of its funds and to furnish a copy of such statement to
such employees as the Ontario Labour Relations Board in
its discretion may direct, and the employee organization shall
comply with such direction according to its terms.
Represen-
tative for
service of
process
(3) Every employee organization that represents employees
or applies to represent employees under this Act shall file
with the Ontario Labour Relations Board a notice giving
the name and address of a person in Ontario who is authorized
by the employee organization to accept on its behalf service
of process and notices under this Act, and service on the
person named in such notice is good and sufficient service
for the purposes of this Act on the employee organization
that filed the notice. 1975, c. 74, s. 88.
Vote by
secret
ballot
88. Where an employee organization conducts a vote of
employees,
(a) for the purposes of subsection 59 (1); or
{b) to give approval to the terms of an agreement,
the vote shall be a vote by secret ballot conducted under
the supervision of and in the manner determined by the
Commission. 1975, c. 74, s. 89.
Contra-
vention of
Act by
person
89. — (1) Every person who contravenes any provision of
this Act is guilty of an offence and on conviction is liable to a fine of
not more than $500 for each day upon which the contravention
occurs or continues.
(2) Every employer and every employee organization that
contravenes any provision of this Act is guilty of an offence
Contra-
vention of
Act by
employer or
employee and on conviction is liable to a fine of not more than $10,000 for
organ za on ^^^j^ ^^^ upon which such contravention occurs or continues.
Sec. 92 (r) colleges collective bargaining Chap. 74 833
(3) The contravention of a decision, order, determination, ^°°^Y(?nQf
direction, declaration or ruling made under this Act is deemed ^^*8*o°
for the purposes of this section, to be a contravention of this
Act.
(4) Where an employer or employee organization is guilty ^«^« jj^y
of an offence under this Act, every officer, official or agent of offence
thereof who assents to the commission of the offence shall
be deemed to be a party to and guilty of the offence and is
liable to a fine under subsection (1) as if he had been convicted
of an offence under subsection (1).
(5) An information in respect of a contravention of any information
provision of this Act may be for one or more offences and no
information, warrant, conviction or other proceedings in any
such prosecution is objectionable or insufficient by reason
of the fact that it relates to two or more offences.
(6) No prosecution for an offence under this Act shall be p^^^utlSn
instituted except with the consent of the Ontario Labour
Relations Board which may only be granted after affording
an opportunity to the p)erson or body seeking the consent
and the person or body sought to be prosecuted to be heard.
1975, c. 74. s. 90.
J>(). A prosecution for an offence under this Act may be pJ^s|c°ition
instituted against any body, association or organization in the
name of the body, association or organization whether or not
the body, association or organization is a body corporate
and, for the purposes of any such prosecution, any unincor-
porated body, association or organization shall be deemed to
be a body corporate. 1975, c. 74, s. 91.
J) 1 . Any act or thing done or omitted by an officer, official ^^^^^^^
or agent of the Council, employer or employee organization wiity
within the apparent scope of his authority to act on behalf
of the Council, employer or employee organization shall be
deemed to be an act or thing done or omitted by the Council,
employer or employee organization, as the case may be.
1975, c. 74, s. 92.
bUlty of
witnesses
»2. Notwithstanding any other provision of this Act, Miitrof*"
(a) the Minister of Colleges and Universities;
(6) the Deputy Minister of Colleges and Universities;
(c) a person employed in a position confidential to the
Minister of Colleges and Universities or the Deputy
Minister of Colleges and Universities;
834 Chap. 74 COLLEGES COLLECTIVE BARGAINING Sec. 92 (d)
{d) the chairman, a vice-chairman or a member or
employee of the Ontario Labour Relations Board;
(e) an arbitrator or member or chairman of a board of
arbitration; or
(/) a selector,
is not a comp)ellable witness in any proceeding under this
Act or before a court or tribunal. 1975, c. 74, s. 93.
Application 93^ — (j) The Arbitrations Act does not apply to proceedings
R.s.o. 1980, under this Act.
c. 25
Idem, (2) The Statutory Powers Procedure Act applies to proceedings
c. 484 '^^° of the Ontario Labour Relations Board but does not apply to other
proceedings under this Act. 1975, c. 74, s. 95.
Sched. 2 colleges collective bargaining Chap. 74 835
SCHEDULE 1
The academic staff bargaining unit includes the employees of all boards
of governors of colleges of applied arts and technology who are employed
as teachers, counsellors or librarians but does not include,
(i) chairmen.
(ii) department heads,
(iii) directors,
(iv) persons above the rank of chairman, department head or director,
(v) other persons employed in a managerial or confidential capacity,
(vi) teachers who teach for six hours or less per week,
(vii) counsellors and librarians employed an a part-time basis,
(viii) teachers, counsellors or librarians who are appointed for one or
more sessions and who are employed tar not more than twelve
months in any twenty-four month period.
(ix) a person who is a member of the architectural, dental, engineering,
legal or medical profession, entitled to practise in Ontario and
employed in a professional capacity, or
(x) a [>erson engaged and employed outside Ontario.
1975, c. 74, Sched. 1.
SCHEDULE 2
The support staff bargaining unit includes the employees of all boards
of governors of colleges of applied arts and technology employed in positions or
classifications in the office, clerical, technical, health care, maintenance,
building service, shipping, transportation, cafeteria and nursery staff but does
not include,
(i) foremen,
(ii) supervisors,
(iii) persons above the rank of foreman or supervisor,
(iv) persons employed in a confidential capacity in matters related to
employee relations or the formulation of a budget of a college of
applied arts and technology or of a constituent campus of a college
of applied arts and technology including persons employed in
clerical, stenographic or secretarial positions,
(v) other persons employed in a managerial or confidential capacity,
(vi) persons regularly employed for not more than twenty-four hours a
week,
(vii) students employed in a co-operative educational training program
undertaken with a school, college or university.
836 Chap. 74 colleges collective bargaining Sched. 2
(viii) a graduate of a college of applied arts and technology during the
period of twelve months immediately following completion of a
course of study or instruction at the college by the graduate if the
employment of the graduate is associated with a certification,
registration or other licensing requirement,
(ix) a jjerson engaged for a project of a non-recurring kind,
(x) a person who is a member of the architectural, dental, engineering,
legal or medical profession, entitled to practise in Ontario and
employed in a professional capacity, or
(xi) a person engaged and employed outside Ontario.
1975, c. 74, Sched. 2.
Sec. 2 (5) COMMISSIONERS FOR TAKING AFFIDAVITS Chap. 75 837
CHAPTER 75
Commissioners for taking
Affidavits Act
1. In this Act, a "county" includes a provisional county ^^^'*"
and a provisional judicial district. R.S.O. 1970, c. 72, s. 1.
2. — (1) Every member of the Assembly is ex officio a^^^^°*^
commissioner for taking affidavits in Ontario.
(2) Every person who is entitled to practise law in^^^^"
Ontario as a barrister and solicitor is ex officio a com- solicitors
missioner for taking affidavits in Ontario. R.S.O. 1970,
c. 72, s. 2, (1, 2).
(3) The clerk, deputy clerk and treasurer of every munici- ^^J!^*p^
pality, including a metropolitan or regional municipality, treasurers
are ex officio commissioners for taking affidavits,
(a) in the case of a county or a metropolitan or regional
municipality, in the county or the metropolitan or
regional municipality, respectively; or
(6) in the case of a municipality other than a county
or a metropolitan or regional municipality, in the
county or the metropolitan or regional municipality
in which the municipality is situate. 1973,
c. 17, s. 1 (1).
(4) In every local municipality having a population oif^^^^^^^
100,000 or more, the administrative head of any department etc-
responsible for building standards, welfare, assessment or
planning and his deputy and the medical officer of health
are ex officio commissioners for taking affidavits in the
county in which the municipality is situate for the purposes
of the affairs of the municipality. R.S.O. 1970, c. 72, s. 2 (4).
(5) The head of every municipal council, the reeve o^ ^^^flj
every town, every deputy reeve, and every controller and councils,
alderman of a municipality are and shall be deemed
always to have been ex officio commissioners for taking
affidavits in the county, district or metrof)olitan or regional
municipality in which the municipality is situate. R.S.O.
1970, c. 72, s. 2 (5); 1973. c. 17. s. 1 (2).
838 Chap. 75 commissioners for taking affidavits Sec. 2 (6)
Improve- (6) The chairman, vice-chairman and secretary-treasurer
diBtricts of every improvement district are, and shall be deemed always
to have been, ex officio commissioners for taking affidavits
in the county or district in which the improvement district
is situate. R.S.O. 1970, c. 72, s. 2 (6).
County and 3, Xhe judges and clerks of the county and district
diStnot 1 re ^ • • i t
courts courts may take affidavits required to be taken in their
respective courts. R.S.O. 1970, c. 72, s. 3.
sicmereVor '*• ^^^ Lieutenant Governor may confer upon such officers
specific and employees of the Income Tax Division, the Department
purposes r j > r
of National Revenue (Canada) or any ministry of the
Government of Ontario as he designates full power to
administer oaths and take affidavits in connection with
the performance of their official duties, but limited as the
Lieutenant Governor may determine. R.S.O. 1970, c. 72,
s. 4; 1972, c. 1, s. 2.
o/comm?8-°^ 5.— (1) The Lieutenant Governor may by commission
sioners empower any person of the age of eighteen years or over
to administer oaths and take affidavits authorized by law
within or outside Ontario or subject to such limits as to
duration, territory or purpose as the Lieutenant Governor
may specify in the appointment. R.S.O. 1970, c. 72,
s. 5 (1); 1971, c. 98, s. 4, Sched., par. 8.
o/offlcia^*of^ (^) Upon application therefor and payment of the pre-
corporations scribed fee,
(a) the secretary and treasurer of each corporation with
R.S.O. 1980, share capital or incorporated under the Co-operative
Corporations Act that has its head office in Ontario; and
(b) the principal officer in each branch office in Ontario of a
corporation with share capital or incorporated under the
Co-operative Corporations Act,
may be appointed commissioners for taking affidavits in
Ontario for the purposes of the affairs of the corporation.
R.S.O. 1970, c. 72, s. 5 (2); 1973, c. 104, s. 1 (2).
appointment (^^ ^^^ appointment of every such person appointed
within Ontario shall be for a period of three years, but any
such appointment may from time to time be renewed for
a period of three years.
miMionera"' ('^^ ^ commissioner so appointed shall be styled "A
commissioner for taking affidavits in and for the courts in
Ontario". R.S.O. 1970, c. 72, s. 5 (3, 4).
Sec. 12 COMMISSIONERS FOR TAKING AFFIDAVITS Chap. 75 839
6. Every commissioner whose commission is Umited injj,*^*^*^
its duration or as to territory or purpose shall indicate the
limitation by means of a stamp approved by the Inspector of
Legal Offices affixed under his signature. R.S.O. 1970,
c. 72, s. 6.
7. Every commissioner may take any affidavit in any-^^^J°'
wise concerning any proceeding to be had in any court in ||^o^«^'"^j^
Ontario or before a judge of any such court, and in or
concerning any application or matter made or f)ending
before any judge of any court in Ontario which by any
statute such judge is authorized to hear and determine or
in which he is authorized to make an order, although the
application or matter be not made or depending in any
court. R.S.O. 1970. c. 72, s. 7.
8. Every commissioner has power to take declarations co™™i8-
• , • , 1 1 1,1 1 sioneremay
in cases in which declarations may be taken or may betake
required under any Act in force in Ontario. R.S.O. 1970, c. 72,
s. 8.
0. The Lieutenant Governor may revoke the commission ^^^^^
of any commissioner. R.S.O. 1970, c. 72, s. 9. sions
1 0. Every oath and declaration shall be taken by the Duty of
. -^ , , , -^ commis-
deponent in the presence of the commissioner, notary sioner, etc..
public, justice of the peace or other officer or person adminis- tration
tering the oath or declaration who shall satisfy himself of °^°^^^
the genuineness of the signature of the deponent or declarant
and shall administer the oath or declaration in the manner
required by law before he signs the jurat or declaration.
R.S.O. 1970, c. 72, s. 10.
1 1 . Every commissioner, notary public, justice of the ottence
peace or other officer or person administering an oath or
declaration who signs a jurat or declaration without the due
administration of the oath or declaration is guilty of an offence
and on conviction is liable to a fine of not less than $25 and not
more than $500. R.S.O. 1970, c. 72, s. 11.
12. Every one who in any action or proceeding or ujx)n wem
any application or other proceeding out of court, or for
the purpose of making or maintaining any claim, files,
registers or uses or in any other manner makes use of any
oath, affidavit or declaration knowing that it was not
taken, sworn to or made in conformity with section 10 is
guilty of an offence and on conviction is liable to a fine of not less
than $25 and not more than $500. R.S.O. 1970, c. 72, s. 12.
840 Chap. 75 commissioners for taking affidavits Sec. 13
commiSn' 13. Upon his conviction for an offence against this
mentP"'"' ^^^' *^^ commission or appointment of a commissioner for
taking affidavits, notary public or justice of the peace may
be cancelled or revoked by the constituting authority.
R.S.O. 1970, c. 72, s. 13.
Regulations j4, Xhe Lieutenant Governor in Council may make
regulations respecting the fees payable to the Crown and
the fees receivable by commissioners under this Act. R.S.O.
1970, c. 72, s. 14.
Sec. 2 (1) COMMODITY BOARD MEMBERS Chap. 76 841
CHAPTER 76
Commodity Board Members Act
1. — (1) In this Act, interpre-
tation
(a) "commodity board" means a local board under the Farm R so i980,
r. . ./.-.. 1 • , , , 1 cc. 158, 266
Products Marketing Act or a marketmg board under the
Milk Act;
(b) "plan" means a plan under the Farm Products Market-
ing Act or under the Milk Act;
(c) "producer" means a person who is a producer
under a plan ;
{d) "senior officer" means the chairman or any vice-
chairman of the board of directors, the president,
any vice-president, the secretary, the treasurer or
the general manager of a corporation or any other
person who performs functions for the corporation
similar to those normally performed by a person
occupying any such office ;
(e) "Tribunal" means the Farm Products Appeal Tribunal
under the Ministry of Agriculture and Food Act. 1976, ^ ^-o '^^'
c. 7, s. 1 (1); 1978, c. 100, s. 5 (1). '
(2) For the purposes of this Act, a member of a commodity ^^^
board shall be deemed to have a controlling interest in adeemed
• <■ 1 r • ^J !• 1 -I- to have
corporation if he beneficially owns, directly or indirectly, controlling
• u. 1 J- 1- •/ u r i.u interest in
or exercises control or direction over, equity shares of the corporation
corporation carrying more than 10 per cent of the voting
rights attached to all equity shares of the corporation
for the time being outstanding. 1976, c. 7, s. 1 (2).
2. — (1) No person shall become or continue to be a member ^iJjgt"°°
of a commodity board while he, or a person with whom he is being
, . -^ . r t • L 1. ■ member of
m partnership, or a corporation of which he is a senior commodity
officer or in which he has a controlling interest, is in
contravention of the Farm Products Marketing Act or the
Milk Act or any regulation or order thereunder in respect
of the plan administered by the commodity board.
842
Idem
Chap. 76
COMMODITY BOARD MEMBERS
Sec. 2 (2)
(2) Where a plan prescribes quahfications for a person
to be elected or appointed a member of a commodity
board, no person who does not conform with such quali-
fications shall assume office as a member of such commodity
board, and, where a plan prescribes qualifications for a
member of a commodity board to continue to be a member,
no member of such commodity board shall continue to be
a member where he has ceased to conform with such
qualifications. 1976, c. 7, s. 2.
Who mav
try
alleged
contra-
vention of
subs. 2(1)
or (2)
Applica-
tion to
Tribunal
3. The question of whether or not a member of a commodity
board has contravened subsection 2 (1) or (2) may be tried and
determined by the Tribunal. 1976, c. 7,s.3; 1978, c. 100, s. 5(2).
4. — (1) Subject to subsections (3) and (4), a producer or a
commodity board may, where it comes to his or its knowledge that
a member of the commodity board may have contravened subsec-
tion 2 (1) or (2), apply to the Tribunal by notice in writing for a
determination of the question of whether or not the member has
contravened subsection 2 (1) or (2). 1976, c. 7, s. 4 (1); 1978,
c. 100, s. 5 (2).
Contents
of notice
(2) The applicant shall state in his or its notice the grounds for
finding a contravention by the member of a commodity board of
subsection 2(1) or (2).
Time for
brlnsring:
application
limited
(3) No application shall be brought under subsection (1)
after the expiration of the term of office of the member of the
commodity board during which the contravention is alleged
to have occurred.
Who may
bring
application
(4) No application by a producer shall be brought other
than by a producer under the plan administered by the
commodity board in respect of which the application is
made. 1976, c. 7, s. 4 (2-4).
Tribunal
may
declare
seat
vacant
and
disqualify
member
5. — (1) Where the Tribunal determines, after a hearing, that a
member of a commodity board has contravened subsection 2 ( 1) or
(2), it may, subject to subsections (2) and (3) of this section, declare
the seat of the member vacant and may disqualify him from being
a member of the commodity board during a period thereafter of
not more than seven years. 1976, c. 7, s. 5 (1).
Exception (2) Where the Tribunal determines that a member of a com-
modity board has contravened subsection 2 (1) and finds that the
contravention was committed through inadvertence, the member
is, notwithstanding subsection 2 (1), not subject to having his seat
declared vacant or to being disqualified as a member, as provided
by subsection (1). 1976, c. 7, s. 5 (2); 1978, c. 100, s. 5 (2).
Sec. 7 COMMODITY BOARD MEMBERS Chap. 76 843
(3) The Tribunal mav require, as a condition to the Deposit aa
- -I ' condition
holding of a hearing under subsection (1), that the applicant to holding
pay a deposit not exceeding $300 and the Tribunal shall ° **'^ °*
refund the deposit to the applicant where the Tribunal
declares the seat of the member vacant and the deposit
may otherwise be forfeited to the Treasurer of Ontario.
(4) Where the provisions of a plan do not provide anyAppoint-
means of electing or appointing a person to complete the person to
term of office of a member whose seat is declared vacant term of
under this section, the Tribunal may, by order, prescribe °*'^'^®
a method of electing or appointing a person to complete
the term of office and the Regulations Act does not apply to such R so. i98o,
, C. 446
an order.
(5) The Statutory Powers Procedure Act applies to any hearing Application
held under subsection (1). 1976, c. 7, s. 5 (3-5). r.s.o. iqso,
c. 484
6. Where the number of members of a commodity board Q^°'^'"
who cease to be members by reason of the operation of this
Act is such that, at any meeting, the remaining members
are not of sufficient number to constitute a quorum, then,
notwithstanding any general or special Act, the remaining
number of members shall be deemed to constitute a quorum,
provided such number is not less than two. 1976, c. 7, s. 6.
7 . In the event of any conflict between any provision conflict
of this Act and any provision of any general or special
Act, the provision of this Act prevails. 1976, c. 7, s. 7.
Sec. 2 (2) COMMODITY BOARDS, ETC. Chap. 77 845
CHAPTER 77
Commodity Boards and Marketing
Agencies Act
1 . In this Act, interpre-
tation
(a) "commodity board" means a local board under the Farm Rs.o. i98o,
Products Marketing Act or a. marketing board under the
Milk Act;
{b) "marketing agency" means a marketing agency of
Canada that is authorized to exercise powers of
regulation in relation to the marketing of a regu-
lated product in interprovincial or export trade
and that has been granted authority to regulate
the marketing of the regulated product locally
within Ontario;
(c) "regulated product" means a natural product of
agriculture that is regulated by a commodity board
or a marketing agency. 1978, c. 30, s. 1.
2. — (1) The Lieutenant Governor in Council may, by ^Jfv" rlfo*'^'
regulation, grant to any commodity board or marketing ^j^^^^H^^nJ.
authorltj
re levies
o ' o J J 'J may grant
agency in relation to the marketing of any regulated pro- authority
duct locally within Ontario, authority to fix, impose and or charges
collect levies or charges from persons engaged in the pro-
duction or marketing of the whole or any part of the
regulated product and for such purpose to classify such persons
into groups and fix the levies or charges payable by the
members of the different groups in different amounts, and
to use such levies or charges for the purposes of such com-
modity board or marketing agency, including the creation
of reserves, the payment of expenses and losses resulting
from the sale or disposal of any such regulated product, and
the equalization or adjustment among producers of any
regulated product of moneys realized from the sale thereof
during such period or j)eriods of time as the commodity
board or marketing agency may determine.
(2) The Lieutenant Governor in Council may in a regu-Jfa^}*552?e
lation made under subsection (1) require any person who^e^^^cwon
receives a regulated product to deduct from the moneys or charges
payable for the regulated product any levies or charges
payable to a commodity board or marketing agency by the
846
Chap. 77
COMMODITY BOARDS, ETC.
Sec. 2 (2)
person from whom he receives the regulated product and to
forward such levies or charges to the commodity board or
marketing agency or its agent designated for that purpose.
Authority (3) Where the Lieutenant Governor in Council authorizes
of commodity ,. , , , • ,
board or a commodity board or marketmg agency to exercise any of
agency to^ the powers mentioned in subsection (1), the commodity board
regufations. or marketing agency, in the exercise of such powers, may
®*'°- make regulations or orders or issue directions.
.■Xuthoritv
ma\ be
revoked
(4) The Lieutenant Governor in Council may, by regulation,
revoke any authority granted under subsection (1). 1978, c. 30,
s. 2.
Regulations 3^ Xhe Lieutenant Governor in Council may make regu-
lations prescribing the terms and conditions governing the
granting and revocation of authority under section 2 and
generally may make regulations in respect of any matter
necessary or advisable to carry out effectively the intent and
purpose of this Act. 1978, c. 30, s. 3.
Offence
Onus
4. — (1) Every person who fails to comply with or con-
travenes any of the provisions of any regulation or order
made or any direction issued under this Act is guilty of an
offence and on conviction is liable for a first offence to a fine of not
more than $500 and for a subsequent offence to a fine of not more
than $5,000.
(2) In any prosecution or action under this Act, the act
or omission complained of, in respect of which the pro-
secution or action was instituted shall, unless the accused or
defendant proves the contrary, be deemed to relate to the
marketing of a regulated product locally within Ontario.
1978, c. 30, s. 4.
Levies
or charges
deemed
validly
imposed or
collected
or may be
collected
R.S.C. 1970.
C.A-7
1970-71-72.
c. 65 (Can.)
5. All levies or charges heretofore imposed or collected by,
{a) a commodity board, the Canadian Turkey Marketing
Agency or the Canadian Egg Marketing Agency
pursuant to or purporting to be pursuant to the
Agricultural Products Marketing Act (Canada) or the
Farm Products Marketing Agencies Act (Canada); or
(b) after the 19th day of January, 1978, a commodity
board, the Canadian Turkey Marketing Agency or
the Canadian Egg Marketing Agency,
in respect of regulated products marketed locally within
Ontario shall be deemed to have been imposed or collected
pursuant to a regulation made under this Act and such
Sec. 5 COMMODITY BOARDS, ETC. Chap. 77 847
levies or charges are hereby declared to have been validly
imp)osed or collected and, where they were imposed but not
collected, may be collected as if they had been imposed under
this Act. 1978, c. 30, s. 5.
u
Sec. Ill7 COMMODITY FUTURES Chap. 78 849
CHAPTER 78
Commodity Futures Act
1. In this Act, I^hIS''^'
tation
1. "adviser" means a person or company engaging in
or holding himself or itself out as engaging in the
business of advising others as to trading in contracts ;
2. "clearing house" means an association or organi-
zation, whether incorporated or unincorporated,
or part of a commodity futures exchange through
which trades in contracts entered into on such
exchange are cleared;
3. "Commission" means the Ontario Securities Com-
mission ;
4. "commodity" means, whether in the original or a
processed state, any agricultural product, forest
product, product of the sea, mineral, metal, hydro-
carbon fuel, currency or precious stone or other
gem, and any goods, article, service, right or
interest, or class thereof, designated as a commodity
under the regulations;
5. "commodity futures contract" means a contract to
make or take delivery of a specified quantity and
quahty, grade or size of a commodity during a
designated future month at a price agreed upon
when the contract is entered into on a commodity
futures exchange pursuant to standardized terms
and conditions set forth in such excharige's by-laws,
rules or regulations;
6. "commodity futures exchange" means an associ-
ation or organization, whether incorporated or
unincorporated, operated for the purpose of pro-
viding the physical facilities necessary for the
trading of contracts by open auction ;
7. "commodity futures option" means a right, acquired
for a consideration, to assume a long or short
position in relation to a commodity futures contract
at a specified price and within a specified period
of time and any other option of which the subject
is a commodity futures contract;
850 Chap. 78 COMMODITY FUTURES Scc. llIS
8. "company" means any corporation, incorporated
association, incorporated syndicate or other incor-
porated organization;
9. "contract" means any commodity futures contract
and any commodity futures option ;
10. "dealer" means a person or company that trades in
contracts in the capacity of principal or agent ;
11. "decision" means a direction, decision, order, ruling
or other requirement made under a power or right
conferred by this Act or the regulations ;
12. "declaration date", where used in relation to a
commodity futures option, means that date on
which the option expires;
13. "Director" means the Director or any Deputy
Director of the Commission;
14. "floor trader" means an individual who is employed
by a dealer for the purpose of entering into con-
tracts on the floor of a commodity futures exchange
on behalf of such dealer;
15. "hedger" means a person or company who carries
on agricultural, mining, forestry, processing, manu-
facturing or other commercial activities and, as a
necessary part of these activities, becomes exposed
from time to time to a risk attendant upon
fluctuations in the price of a commodity and off-
sets that risk through trading in contracts for the
commodity or related commodities whether or not
any particular trade is effected for that purpose,
but a person or company is a hedger only as to
trades in contracts for such commodity or related
commodities ;
16. "liquidating trade" means effecting settlement of a
commodity futures contract,
(a) in relation to a long position, by assuming an
offsetting short position in relation to a
contract entered into on the same commodity
futures exchange for a like quantity and
quality, grade or size of the same commodity
deliverable during the same designated future
month ;
Sec. if 23 COMMODITY FUTURES Chap. 78 851
{b) in relation to a short position, by assuming
an offsetting long position in relation to a
contract entered into on the same commodity
futures exchange for a like quantity and
quality, grade or size of the same commodity
deliverable during the same designated future
month ;
17. "long position", where used in relation to a com-
modity futures contract, means to be under an
obligation to take delivery;
18. "Minister" means the Minister of Consumer and
Commercial Relations or other member of the
Executive Council to whom the administration of this
Act may be assigned ;
19. "misrepresentation" means an untrue statement
of material fact or an omission to state a material
fact :
20. "officer" means the chairman or any vice-chairman
of the board of directors, the president, vice-
president, secretary, assistant secretary, treasurer,
assistant treasurer or general manager of a company,
or any other person designated an officer of a
company by by-law or similar authority ;
21. "open commodity futures contract" means an out-
standing obligation under a commodity futures
contract for which settlement has not been effected
by the tender and receipt of the commodity or of
an instrument evidencing title or the right to such
commodity or by a liquidating trade ;
22. "open interest", where used in relation to com-
modity futures contracts, means the total out-
standing long positions or the total outstanding
short positions, for each delivery month and in
aggregate, in commodity futures contracts relating
to a particular commodity entered into on a
commodity futures exchange ;
23. "person" means an individual, partnership, unin-
corporated association, unincorporated syndicate,
unincorporated organization, trust, trustee, executor,
administrator, or other legal representative;
852 Chap. 78 commodity futures Sec. ill 24
24. "premium", where used in relation to a commodity
futures option, means the consideration for which
the option is acquired ;
25. "register" means register under this Act, and
"registered" has a corresponding meaning;
26. "registrant" means a person or company registered
or required to be registered under this Act ;
27. "regulations" means the regulations made under
this Act;
28. "salesman" means an individual who is employed
by a dealer for the purpose of making trades in
contracts on behalf of such dealer ;
29. "Secretary" means the Secretary of the Commission
or any individual designated by the Commission to
act in the capacity of Secretary;
30. "security" means a security within the meaning of the
R.sx). 1980, Securities Act;
c. 466
31. "settlement price", where used in relation to a
commodity futures contract, means the price which
is used by a commodity futures exchange or its
clearing house to determine, daily, the net gains
or losses in the value of open commodity futures
contracts ;
32. "short position", where used in relation to a
commodity futures contract, means to be under an
obligation to make delivery;
33. "striking price", where used in relation to a
commodity futures option, means the price at which
the purchaser of the option has the right to assume
a long or short position in relation to the com-
modity futures contract that is the subject of the
option ;
34. "trade" or "trading" includes,
{a) entering into contracts, whether as principal
or agent ;
(b) acting as a fioor trader ;
Sec. 2 (4) COMMODITY FUTURES Chap. 78 853
(c) any receipt by a registrant of an order to
eifect a transaction in a contract ;
{d) any assignment or other disposition of rights
under a contract except a disposition arising
from the death of an individual enjoying
rights under a contract ; and
(e) any act, advertisement, solicitation, conduct
or negotiation directly or indirectly in further-
ance of the foregoing. 1978, c. 48, s. 1.
PARTI
COMMODITY FUTURES ADVISORY BOARD
2. — (1) There shall be a board of not more than five commodity
members to be known as The Commodity Futures Advisory Ad\rt^ory
Board, the members of which shall be appointed by the
Lieutenant Governor in Council and the Lieutenant Governor
in Council may designate one of the members to be chairman.
(2) The Commodity Futures Advisory Board shall meet at Meetings
the call of the Commission.
(3) The Commodity Futures Advisory Board shall, when Duties
requested by the Commission, consult with and advise the
Commission concerning,
(a) developments in the nature of contracts and manner
of trading ; and
(6) the influence of trading in contracts on the economy
of Ontario.
(4) The members of The Commodity Futures Advisory g^munera-
Board shall serve without remuneration, but the Lieutenant
Governor in Council may fix a per diem allowance to be
payable to each member, and every member is entitled to
his reasonable and necessary expenses, as certified by the
chairman, for attending at meetings and transacting the
business of the Board. 1978, c. 48, s. 2.
854
Chap. 78
COMMODITY FUTURES
PART II
Sec. 3 (1)
APPOINTMENT OF EXPERTS
Appointment
of experts
Submissions
to experts
3. — (1) The Commission may appoint one or more experts
to assist the Commission in such manner as it may consider
expedient.
(2) The Commission may submit any agreement, contract,
financial statement, report or other document to one or
more experts appointed under subsection (1) for examination,
and the Commission has the like power to summon and
enforce the attendance of witnesses before the expert and
to compel them to produce documents, records and things
as is vested in the Commission, and subsections 7 (3) and (4) apply
with necessary modifications.
expert^s"*^ °^ (3) An expert appointed under subsection (1) shall be
paid such amounts for services and expenses as the Lieu-
tenant Governor in Council may determine. 1978, c. 48,
s. 3.
PART III
Notification
of decision
ADMINISTRATIVE PROCEEDINGS, REVIEWS AND APPEALS
4. — (1) The Director shall forthwith notify the Commission
of every decision refusing registration under section 23
or refusing to accept the form of a contract under section
36 and the Commission may, within thirty days of the
decision, notify the Director and any person or company
directly affected of its intention to convene a hearing to
review the decision.
Review of
Director's
decisions
Power on
review
Stay
(2) Any person or company directly affected by a decision
of the Director may, by notice in writing sent by registered
mail to the Commission within thirty days after the mailing
of the notice of the decision, request and be entitled to a
hearing and review thereof by the Commission.
(3) Upon a hearing and review, the Commission may by
order confirm the decision under review or make such
other decision as the Commission considers proper.
(4) Notwithstanding that a person or company requests
a hearing and review under subsection (2), the decision under
review takes effect immediately, but the Commission may
grant a stay until disposition of the hearing and review.
1978, c. 48, s. 4.
Sec. 6 (1) (b) COMMODITY FUTURES Chap. 78 855
5. — (1) Any person or company directly affected by a decision Appeal
of the Commission may appeal to the Divisional Court.
(2) Notwithstanding that an appeal is taken under this ^^^
section, the decision appealed from takes effect immediately,
but the Commission or the Divisional Court may grant a
stay until disposition of the appeal.
(3) The Secretary shall certify to the Registrar of the ^^5^*^^^^'^°°
Supreme Court,
(a) the decision that has been reviewed by the Com-
mission ;
{b) the decision of the Commission, together with
any statement of reasons therefor ;
(c) the record of the proceedings before the Com-
mission ; and
(d) all written submissions to the Commission or other
material that is relevant to the appeal.
(4) The Minister is entitled to be heard by counsel or JStft^j^^^o
otherwise upon the argument of an appeal under this be heard
section.
(5) Where an appeal is taken under this section, thePoj^^^of
court may by its order direct the Commission to make such appeal
decision or to do such other act as the Commission is
authorized and empowered to do under this Act or the
regulations and as the court considers proper, having
regard to the material and submissions before it and to this
Act and the regulations, and the Commission shall make such
decision or do such act accordingly.
(6) Notwithstanding an order of the court on an appeal, JJu-ger^
the Commission may make any further decision upon new
material or where there is a significant change in the
circumstances, and every such decision is subject to this
section. 1978, c. 48, s. 5.
6.— (1) The Secretary may. secretary
(a) accept service of all notices or other documents on
behalf of the Commission ;
(b) when authorized by the Commission, sign any deci-
sion made by the Commission as a result of a hearing ;
856
Chap. 78
COMMODITY FUTURES
Sec. 6 (1) (c)
(c) certify under his hand any decision made by the
Commission or any document, record or thing used
in connection with any hearing by the Commission
where certification is required for a purpose other
than that stated in subsection S (3); and
(d) exercise such other |X)wers as are vested in him by
this Act or the regulations and perform such- other
duties as are imposed upon him by this Act or the
regulations or by the Commission.
Certification (2) A certificate purporting to be signed by the Secretary
Secretary is, without proof of the office or signature certifying,
admissible in evidence, so far as is relevant, for all purposes
in any action, proceeding or prosecution. 1978, c. 48, s. 6.
PART IV
INVESTIGATIONS
Investiea-
tion order
7. — (1) Where upon a statement made under oath it
appears probable to the Commission that any person or
company has,
(a) contravened any of the provisions of this Act or the
regulations; or
R.S.C. 1970.
c. C-34
(b) committed an offence under the Criminal Code
(Canada) in connection with a transaction relating
to contracts.
the Commission may, by order, appoint any person to make
such investigation as it considers expedient for the due
administration of this Act, and m the order shall determine
and prescribe the scope of the investigation.
Investiga-
tion order
(2) The Commission may, by order, appoint any person to
make such investigation as it considers expedient for the due
administration of this Act or into any matter relating to
trading in contracts, and in such order shall determine and
prescribe the scope of the investigation.
fnvMti°^a- ^^) ^^^ ^^^ purposes of any investigation ordered under
tion this section, the person appointed to make the investigation
may investigate, inquire into and examine,
Sec. 7 (6) COMMODITY FUTURES Chap. 78 857
(a) the affairs of the person or company in respect of
which the investigation is being made and any
books, pap)ers, documents, corresf)ondence, com-
munications, negotiations, transactions, investiga-
tions, loans, borrowings and payments to, by, on
behalf of or in relation to or connected with such
f)erson or company and any property, assets or
things owned, acquired or alienated in whole or in
part by such person or company or by any person
or company acting on behalf of or as agent for such
person or company; and
{b) the assets at any time held, the liabilities, debts,
undertakings and obligations at any time existing,
the financial or other conditions at any time pre-
vailing in or in relation to or in connection with any
such person or company and the relationship that
may at any time exist or have existed between
such person or company and any other person or
company by reason of investments, commissions
promised, secured or paid, interests held or acquired,
the loaning or borrowing of money, securities or
other property, the transfer, negotiation or holding
of securities, interlocking directorates, common con-
trol, undue influence or control or any other
relationship.
(4) The person making an investigation under this section fummon wit-
has the same power to summon and enforce the attendance °esses and
of witnesses and compel them to give evidence on oath or production
otherwise, and to produce documents, records and things, as
is vested in the Supreme Court for the trial of civil actions,
and the failure or refusal of a person to attend, to answer
questions or to produce such documents, records and things
as are in his custody or possession makes the person liable
to be committed for contempt by a judge of the Supreme
Court as if in breach of an order or judgment of the Supreme
Court provided that no provision of the Evidence Act exempts R '^ o i9«<).
any bank or any officer or employee thereof from the oper- *^
ation of this section.
(5) A p)erson giving evidence at an investigation under ^°'^°*®^
this section may be represented by counsel.
(6) Where an investigation is ordered under this section, seizure
the person appointed to make the investigation may seize
and take possession of any documents, records, securities,
contracts or other property of the p)erson or company whose
affairs are being investigated.
858
Chap. 78
COMMODITY FUTURES
Sec. 7 (7)
Inspection
of seized
documents
(7) Where any documents, records, securities, contracts or
other property are seized under subsection (6), such documents,
records, securities, contracts or other property shall be made
available for inspection and copying by the person or com-
pany from whom seized at a mutually convenient time and
place if a request for an opportunity to inspect or copy is
made by such person or company to the person appointed
to make the investigation.
andexperts*^^ (8) Where an investigation is ordered under this section,
the Commission may appoint an accountant or other
expert to examine documents, records, properties and matters
of the person or company whose affairs are being investigated.
Report of
investiga-
tion
(9) Every person appointed under subsection (1), (2) or (8) shall
provide the Commission with a full and complete report of the
investigation including any transcript of evidence and material in
his possession relating to the investigation. 1978, c. 48, s. 7.
Report to
Minister
R.S.C. 1970.
c. C-34
8. Where, upon the report of an investigation made
under section 7, it appears to the Commission that any
person or company may have,
(a) contravened any of the provisions of this Act or the
regulations; or
{b) committed an offence under the Criminal Code
(Canada) in connection with a transaction relating
to contracts,
the Commission shall send a full and complete report of
the investigation, including the report made to it, any
transcript of evidence and any material in the possession of
the Commission relating thereto, to the Minister. 1978,
c. 48, s. 8.
Investiga-
tion by order
of Minister
9. Notwithstanding section 7, the Minister may, by
order, appoint any person to make such investigation as the
Minister considers expedient for the due administration of
this Act or into any matter relating to trading in contracts,
in which case the person so appointed, for the purposes of
the investigation, has the same authority, powers, rights and
privileges as a person appointed under section 7. 1978,
c. 48, s. 9.
Evidence not
to be dis-
closed
10. No person, without the consent of the Commission,
shall disclose, except to his counsel, any information or
evidence obtained or the name of any witness examined or
sought to be examined under section 7 or 9. 1978, c. 48,
s. 10.
Sec. 12(1) COMMODITY FUTURES Chap. 78 859
11. Where an investigation has been made under section 7, mJ^JJ^^
the Commission may, and, where an investigation has been
made under section 9, the person making the investigation
shall report the result thereof, including the evidence,
findings, comments and recommendations, to the Minister,
and the Minister may cause the report to be published in
whole or in part in such manner as he considers proper.
1978, c. 48, s. 11.
12.— (1) The Commission may, aSS'^
property
(a) where it is about to order an investigation in
respect of a person or company under section 7 or
during or after an investigation in respect of a
person or company under section 7 or 9 ;
(6) where it is about to make or has made a decision
suspending or cancelling the registration of any
person or company or affecting the right of any
person or company to trade in contracts ; or
(c) where criminal proceedings or proceedings in respect
of a contravention of this Act or the regulations
are about to be or have been instituted against any
person or company, that in the opinion of the
Commission are connected with or arise out of any
contract or any trade therein, or out of any business
conducted by such person or company,
in writing or by telegram direct any person or company having on
deposit or under control or for safekeeping any funds or securities
of the person or company referred to in clause (a), {b) or (c) to hold
such funds or securities or direct the person or company referred to
in clause (a), (ft) or (c) to refrain from withdrawing any such funds
or securities from any other person or company having any of
them on deposit, under control or for safekeeping or to hold all
funds or securities of clients or others in his possession or control in
trust for any interim receiver, custodian, trustee, receiver or
liquidator appointed under the Bankruptcy Act (Canada), the R s^ ^^P-
Judicature Act, the Corporations Act, the Business Corporations r.s.o i98o.
Act, the Winding-up Act (Canada) or section 13 of this Act, or until '^^ ^^^- '^- ^*
the Commission in writing revokes the direction or consents to
release any particular fund or security from the direction, pro-
vided that no such direction applies to funds or securities in a
commodity futures exchange clearing house, stock exchange
clearing house or to securities in process of transfer by a transfer
agent unless the direction expressly so states, and in the case of a
bank, loan or trust company, the direction applies only to the
offices, branches or agencies thereof named in the direction.
860 Chap. 78 COMMODITY futures Sec. 12 (2)
Appiica- (2) Any person or company named in a direction issued
HirecUons undcr subsection (1) may, if in doubt as to the appUcation of
the direction to particular funds or securities, apply to the
Commission for an order of clarification.
or*am«id-° ^^^ Upon the application of a person or company directly
mentof affected by a direction issued under subsection (1), the Com-
mission may make an order on such terms and conditions as
it may impose revoking the direction or consenting to the
release of any fund or security. 1978, c. 48, s. 12.
of'rece°iver^°'^ 13. — (1) The Commission may,
etc.
{a) where it is about to order an investigation in
respect of a person or company under section 7 or
during or after an investigation in respect of a
person or company under section 7 or 9 ;
(6) where it is about to make or has made a decision
suspending or cancelling the registration of any
person or company or affecting the right of any
person or company to trade in contracts ;
(c) where criminal proceedings or proceedings in respect
of a contravention of this Act or the regulations are
about to be or have been instituted against any
person or company that in the opinion of the Com-
mission are connected with or arise out of any
contract or any trade therein, or out of any
business conducted by such person or company ; or
(d) where a person or company fails or neglects to
comply with the minimum net asset requirements,
investment restrictions, ownership restrictions, or
capital requirements prescribed by the regulations
for such person or company,
apply to a judge of the Supreme Court for the appointment
of a receiver, receiver and manager, trustee or liquidator of
the property of such person or company.
Appointment (2) Upon an application under subsection (1), the judge
may, where he is satisfied that the appointment of a receiver,
receiver and manager, trustee or liquidator of all or any
part of the property of any person or company is in the
best interests of the creditors of any such person or company
or of persons or companies any of whose property is in the
possession or under the control of such person or company,
appoint a receiver, receiver and manager, trustee or liquidator
of the property of such person or company.
Sec. 14(3) COMMODITY FUTURES Chap. 78 861
(3) Upon an ex parte application made by the Commission fpifi^tion
under this section, the judge may make an order under
subsection (2) appointing a receiver, receiver and manager, trus-
tee or liquidator for a period not exceeding fifteen days.
(4) A receiver, receiver and manager, trustee or liquidator fe°cefver°'
of the property of any person or company appointed under etc.
this section shall be the receiver, receiver and manager,
trustee or liquidator of all or any part of the property
belonging to the person or company or held by the person
or company on behalf of or in trust for any other person
or company, and the receiver, receiver and manager, trustee
or liquidator shall have authority, if so directed by the judge,
to wind up or manage the business and affairs of the person
or company and all powers necessary or incidental thereto.
(5) An order made under this section may be enforced ^^^^^^1"^^^^^^^
in the same manner as any order or judgment of the Supreme
Court and may be varied or discharged upon an application
made by notice.
(6) Upon an apphcation made under this section, the rules ^i!jj^i°g
of practice of the Supreme Court apply. 1978, c. 48, s. 13.
PART V
AUDITS
14. — (1) Notwithstanding anything in sections 15, 16, l^co^iMion
and 18, the Commission may in writing appoint any person
to examine at any time the financial affairs of a registrant
or a clearing house of a commodity futures exchange in
Ontario and prepare such financial or other statements and
reports that may be required by the Commission.
(2) The person making sm examination under this section ^^^^
may inquire into and examine all books of account, securi-
ties, cash, documents, bank accounts, vouchers, correspond-
ence and records of every description of the registrant or
clearing house whose financial affairs are being examined, and
no registrant or clearing house shall withhold, destroy, con-
ceal or refuse to give any information or thing reasonably
required for the purpose of the examination.
(3) The Commission may charge such fees as may be pre- ^e««
scribed by the regulations for any examination made under
this section. 1978, c. 48, s. 14.
862
Chap. 78
COMMODITY FUTURES
PART VI
Sec. 15 (1)
Self-
re^ulatory
bodies
SELF REGULATION — GENERALLY
15. — (1) The Commission may recognize in writing an
association or organization representing registrants, whether
incorporated or unincorporated, as a self -regulatory body
where it is satisfied that to do so would be in the public
interest and that the association or organization has satisfied
or can satisfy all conditions with respect to self-regulatory
bodies prescribed under the regulations.
ifie'^ (2) A self-regulatory body recognized under subsection (1)
shall, subject to this Act and the regulations and any decision
made by the Commission, regulate the standards and business
conduct of its members.
power8^^^°°^ (3) The Commission may, where it appears to it to be in
the public interest, make any decision,
{a) with respect to any by-law, rule or regulation or
proposed by-law, rule or regulation of a self-regu-
V latory body recognized under subsection (1);
{b) with respect to any direction, decision, order or ruling
made under any by-law, rule or regulation of a self-
regulatory body recognized under subsection (1); or
(c) with respect to any practice of a self- regulatory body
recognized under subsection (1).
Review of
decisions
of self-
regulatory
body
(4) Any person or company directly affected by any direc-
tion, decision, order or ruling made under any by-law, rule
or regulation of a self-regulatory body recognized under sub-
section (1) may apply to the Commission for a hearing and
review thereof and section 4 applies to the hearing and
review in the same manner as to the hearing and review of
a decision of the Director. 1978, c. 48, s. 15.
Panel of
auditors
1 6. Every commodity futures exchange in Ontario granted
registration by the Commission under section 19 and every
self-regulatory body recognized by the Commission under
section 15 shall,
(a) select a panel of auditors, each of whom shall have
practised as such in Canada for not fewer than five
years and shall be known as a panel auditor or
members' auditor; and
Sec. 19(1) COMMODITY FUTURES Chap. 78 863
(6) employ an exchange auditor, association or organ-
ization auditor, as the case may be, whose appoint-
ment is subject to the approval of the Commission,
and the appointee shall be an auditor who has
practised as such in Canada for not fewer than ten
years. 1978, c. 48, s. 16.
17. — (1) Every commodity futures exchange in Ontario Audits by
granted registration by the Commission and every self- futures
regulatory body recognized by the Commission shall cause and seiP
each member of such class or classes of their members as the boSfw^'^
Commission may designate in writing to appoint an auditor
from the panel of auditors selected under clause 16 (a) and such
auditor shall make the examination of the financial affairs of such
member as called for by the by-laws, rules or regulations applic-
able to members of such class or classes and shall report thereon to
the exchange auditor, association or organization auditor, as the
case may be.
(2) The by-laws, rules and regulations of every commodity ^^f^^
futures exchange in Ontario granted registration by the subject to
Commission and the by-laws, rules and regulations of*^^"^"^
every self-regulatory body recognized by the Commission
in respect of the practice and procedure of the examinations
under subsection (1) are subject to the approval of the
Commission and the actual conduct of the examinations
shall be satisfactory to the Commission. 1978, c. 48, s. 17.
18. Every registrant whose financial affairs are not gnaSfiai
subject to examination under section 17 shall keep such stat^enu
books and records as are necessary for the proper recording
of his business transactions and financial affairs and shall
deliver to the Commission annually and at such other time
or times as the Commission may require a financial statement
satisfactory to the Commission as to his financial position,
certified by such registrant or an officer or partner of such
registrant and reported upon by the auditor of such registrant,
and shall deliver to the Commission such other information as
the Commission may require in such form as it may prescribe.
1978, c. 48, s. 18.
PART VII
COMMODITY FUTURES EXCHANGES IN ONTARIO
10. — (1) No person or company shall carry on business g'^'^^^*'^
as a commodity futures exchange in Ontario unless such gjjjjj*®* *°
commodity futures exchange is registered ^ a commodity
futures exchange.
864
Chap. 78
COMMODITY FUTURES
Sec. 19 (2)
Registration (2) Upon application by or on behalf of a person or com-
pany wishing to carry on business in Ontario as a commodity
futures exchange, the Commission shall grant registration
to that person or company for the purposes of subsection
(1) where it is satisfied that to do so would not be prejudicial
to the public interest and in making its decision shall take
into account whether,
(a) the clearing and other arrangements made and the
financial condition of the commodity futures ex-
change, its clearing house and its members are
such as to provide reasonable assurance that all
obligations arising out of contracts entered into on
such commodity futures exchange will be met ;
(6) the rules and regulations applicable to exchange
members and clearing house members are in the
public interest and are actively enforced;
(c) floor trading practices are fair and properly super-
vised ;
(d) adequate measures have been taken to prevent
manipulation and excessive sf)eculation ;
(e) adequate provision has been made to record and
publish details of trading including volume and open
interest; and
(/) the commodity futures exchange has satisfied or can
satisfy all conditions prescribed under the regula-
tions for the conduct of the business of a commodity
futures exchange.
Hearing (3) xhe Commission shall not refuse to grant registration
to a commodity futures exchange for the purposes of
subsection (1) without giving the applicant an opportunity to be
heard. 1978, c. 48, s. 19.
by-iaws'^etc ^^' — (^) Every commodity futures exchange in Ontario
and its clearing house shall file with the Commission all
by-laws, rules, regulations and policies as soon as practicable
and in any event within five days of the date on which the
by-law, rule, regulation or policy is approved by the board
of directors of the commodity futures exchange or its
clearing house and prior to approval by the membership of the
commodity futures exchange or clearing house.
powera^^*°"^ (^) ^^^ Commission may, where it appears to it to be in
the public interest, make any decision,
Sec. 22 (1) (a) commodity futures Chap. 78 865
(a) with respect to the manner in which any commodity
futures exchange in Ontario or its clearing house
carries on business;
{b) with respect to any by-law, rule or regulation of
any such commodity futures exchange or its clearing
house; or
(c) with respect to trading on or through the facilities
of any such commodity futures exchange or with
respect to any contract traded on any such commodity
futures exchange including the setting of levels of
margin, daily price limits, daily trading limits and
position limits.
(3) Any person or company directly affected by any ^(^g®ion°of
direction, order or decision made under any by-law, rule or commodity
regulation of a commodity futures exchange in Ontario or exchan^
its clearing house may apply to the Commission for a hearing
and review thereof and section 4 applies to the hearing and
review in the same manner as to the hearing and review of a
decision of the Director. 1978, c. 48, s. 20.
21. Every commodity futures exchange and its clearing ^o^ and
house in Ontario shall keep such records as are necessary for
the proper recording of each transaction on such exchange
and shaU,
(a) supply to any customer of any member of such
commodity futures exchange, upon production of a
written confirmation of any transaction with such
member, particulars of the time at which the trans-
action took place and verification or otherwise of
the matters set forth in the confirmation ; and
(h) deliver to the Commission at such time or times as
the Commission may require reports as to trans-
actions on such exchange in such form as the Com-
mission may prescribe. 1978, c. 48, s. 21.
PART VIII
REGISTRATION FOR TRADING, ACTING AS ADVISER
22.— (1) No person or company shall. SS^S°°
(a) trade in a contract unless such person or company
is registered as a dealer or is registered as a sales-
866
Chap. 78
COMMODITY FUTURES
Sec. 22 (1) (a)
man or floor trader or as a partner or as an officer
of a registered dealer and is acting on behalf of
such dealer;
(b) act as an adviser unless such person or company
is registered as an adviser, or is registered as a
partner or as an officer of a registered adviser and
is acting on behalf of such adviser,
and such registration has been made in accordance with this
Act and the regulations and such person or company has
received written notice of such registration from the Director
and, where such registration is subject to terms and con-
ditions, the person or company complies with such terms
and conditions.
re^saiesman" (^) ^^^ termination of the employment of a salesman or
and floor floor trader with a registered dealer shall operate as a suspen-
sion of the registration of the salesman or floor trader until
notice in writing has been received by the Director from
another registered dealer of the employment of the salesman
or floor trader by such other registered dealer and the re-
instatement of the registration has been approved by the
Director.
empio^e^^°^ (^) ^^^ Director may designate as non-trading any employee
or class of employees of a registered dealer that does not
usually trade in contracts, but the designation may be can-
celled as to any employee or class of employees where the
Director is satisfied that any such employee or any member
of such class of employees should be required to apply for
registration as a salesman. 1978, c. 48, s. 22.
registrafioL ^^* — (^) ^^^ Director shall grant registration, renewal of
registration, reinstatement of registration or amendment to
registration to an applicant except where,
(a) having regard to the applicant's financial position,
he cannot reasonably be expected to be financially
responsible in the conduct of his business;
(b) the past conduct of the applicant, or the officers,
directors or partners of the applicant, affords reason-
able grounds for belief that his business will not be
carried on in accordance with law and with integrity
and honesty; or
(c) the applicant is or will be carrying on activities
that are in contravention of this Act or the regula-
tions.
Sec. 27 COMMODITY FUTURES Chap. 78 867
(2) The Director may in his discretion restrict a registra- Terma and
. ^ ', . , ,. . , , • , conditions
tion by imposing terms and conditions thereon and, without
limiting the generahty of the foregoing, may restrict the
duration of a registration and may restrict the registration
to trades in a certain class of contracts.
(3) The Director shall not refuse to grant, renew, reinstate Refosai
or amend registration or impose terms and conditions thereon
without giving the applicant an opportunity to be heard.
1978, c. 48, s. 23.
24. — (1) The Commission, after giving a registrant an ^^i^t°on
opportunity to be heard, may suspend, cancel, restrict or etc.
impose terms and conditions upon the registration or reprimand
the registrant where in its opinion such action is in the public
interest.
(2) Where the delay necessary for a hearing under sub- ^^^lon
section (1) would, in the opinion of the Commission, be pre-
judicial to the public interest, the Commission may suspend
the registration without giving the registrant an opportunity
to be heard, in which case it shall forthwith notify the
registrant of the suspension and of a hearing arid review to
be held before the Commission within fifteen days of the
date of the suspension, which hearing and review shall be
deemed to be a hearing and review under section 4.
(3) Notwithstanding subsection (1), the Commission may, surrender
upon an application by a registrant, accept, subject to such
terms and conditions as it may impose, the voluntary sur-
render of the registration of the registrant where it is satisfied
the financial obligations of the registrant to its clients have
been discharged and the surrender of the registration would
not be prejudicial to the public interest. 1978, c. 48, s. 24.
25. A further application for registration may be made f Jpi^tfona
upon new or other material or where it is clear that material
circumstances have changed. 1978, c. 48, s. 25.
26. An application for registration shall be made in writing Application
upon a form prescribed by the regulations and provided by
the Commission, and shall be accompanied by such fee as
may be prescribed by the regulations. 1978, c. 48, s. 26.
27. Every applicant shall state in the application an ^*},^^gg
address for service in Ontario and, except as otherwise
provided in this Act, all notices under this Act or the regu-
lations are sufficiently served for all purposes if dehvered
or sent by prepaid mail to the latest address for service so
stated. 1978, c. 48, s. 27.
868
Chap. 78
COMMODITY FUTURES
Sec. 28
Further
information
28. The Director may require any further information or
material to be submitted by an apphcant or a registrant
within a specified time and may require verification by
affidavit or otherwise of any information or material then or
previously submitted or may require the applicant or the
registrant or any partner, officer, director, governor or trustee
of, or any person performing a like function for, or any
employee of, the applicant or of the registrant to submit to
examination under oath by a person designated by the
Director. 1978, c. 48, s. 28.
Residence
Idem
20. — (1) The Director may refuse registration to an indi-
vidual if he has not been a resident of Canada for at least
one year immediately prior to the date of the apphcation
for registration or if he is not a resident of Ontario at the
date of such application unless at the time of such application
such individual is registered in a capacity corresponding to
that of a dealer, adviser, partner, officer, salesman or floor
trader under the laws of the jurisdiction in which he last
resided and has been so registered for a period of not less
than one year immediately preceding the date of the applica-
tion and is, in the opinion of the Director, otherwise suitable
for registration.
(2) The Director may refuse registration to a person or
company if any director or officer of such person or company
has not been a resident of Canada for at least one year
immediately prior to the date of application for registration
or is not a resident of Ontario at the date of such applica-
tion unless at the time of such application he is registered
in a capacity corresponding to that of dealer, adviser, partner,
officer or salesman or floor trader under the laws of the
jurisdiction in which he last resided and has been so registered
for a period of not. less than one year immediately preceding
the date of the application and is, in the opinion of the
Director, otherwise suitable for registration. 1978, c. 48,
s. 29.
Notice of
changes
30. — (1) Every registered dealer shall, within five business
days of the event, notify the Director in the form prescribed
by the regulations of,
(a) any change in address for service in Ontario or any
business address;
(b) any change in,
(i) the directors or officers of the registered dealer
and in the case of resignation, dismissal, sever-
ance or termination of employment or office,
the reason therefor, and
Sec. 30 (4) COMMODITY FUTURES Chap. 78 869
(ii) the holders of the voting securities of the
registered dealer;
(c) the commencement and termination of employment
of every registered salesman and floor trader and in
the case of termination of employment, the reason
therefor ;
{d) the opening or closing of any branch office in Ontario
and, in the case of the opening of any branch office
in Ontario, the name and address of the person in
charge thereof; and
(e) any change in the name or address of the person in
charge of any branch office in Ontario.
(2) Every registered adviser, shall, within five business Me™
days of the event, notify the Director in the form prescribed
by the regulations of,
(a) any change in address for service in Ontario or any
business address; and
(6) any change in,
(i) the directors or officers of the registered
adviser and in the case of resignation, dis-
missal, severance or termination of employ-
ment or office, the reason therefor, and
(ii) the holders of the voting securities of the
registered adviser.
(3) Every registered salesman and floor trader shall, within "®™
five business days of the event, notify the Director in the
form prescribed by the regulations of,
(a) any change in his address for service in Ontario
or in his business address; and
{b) every commencement and termination of his employ-
ment by a registered dealer.
(4) The Director may, upon an application of a registrant. Exemptions
exempt, subject to such terms and conditions as he may impose,
the registrant from the requirement of subsections (1) and (2)
that the Director be notified of any change in the holders
of voting securities of the registrant where in his opinion it
would not be prejudicial to the public interest to do so.
1978, c. 48, s. 30.
870 Chap. 78 COMMODITY FUTURES Sec. 31
PART IX
EXEMPTIONS FROM REGISTRATION REQUIREMENTS
Exemptions 31, Registration as an adviser is not required to be
of advisers , . , ,
obtained by,
''4o^fc ^^^ ^ bank to which the Bank Act (Canada) applies, or
the Federal Business Development Bank incor-
c^4(Can) porated under the Federal Business Development
Bank Act (Canada), or a trust company registered
R.s.o. 1980, under the Loan and Trust Corporations Act, or an insur-
ance company licensed under the Insurance Act;
(b) a lawyer, accountant, engineer, teacher or employee
of the Ministry of Agriculture and Food;
(c) a registered dealer, or any partner, officer or employee
thereof ;
id) a person or company registered as an adviser under the
R.so. 1980, Securities Act, or any partner, officer or employee
C. 466 ^1 r ^ r 7 r ^
thereof;
(e) a publisher of or any writer for any bona fide news-
paper, news magazine or business or financial
publication of general and regular paid circulation
distributed only to subscribers thereto for value or
to purchasers thereof, who gives advice as an adviser
only through such publication and has no interest
either directly or indirectly in any of the contracts
upon which the advice is given and receives no
commission or other consideration for giving the
advice,
where the performance of the service as an adviser is solely inci-
dental to their principal business or occupation, or
(/) such other persons or companies as are designated
by the regulations. 1978, c. 48, s. 31.
o?trTi?e8°° ^^' — (^^ Subject to the regulations, registration is not
required in respect of,
(a) a trade in a contract by a hedger through a dealer;
{b) a trade in a contract by a person or company
acting solely through an agent who is a registered
dealer ;
Sec. 34 (1) (a) commodity futures Chap. 78 871
(c) a trade in a contract to be executed on an ex-
change situate outside Ontario resulting from an
order placed with a dealer who does not carry on
business in Ontario, not involving any sohcitation by
or on behalf of the dealer; or
{d) a trade in a contract in respect of which a preliminary
prospectus and a prospectus have been filed and
receipts therefor obtained from the Director under
the Securities Act. 1978, c. 48, s. 32. R^ o I'so.
' ' C. 466
PART X
RECOGNITION OF COMMODITY FUTURES EXCHANGES
AND ACCEPTANCE OF FORM OF CONTRACT
33. No person or company, except a hedger, shall trade Registration
in contracts on his own account or on behalf of any other recognition of
■^ commodity
person or company except, futvires
'^ f ./ i exchange and
acceptance
(a) contracts traded on a commodity futures exchange, contwwjte
registered by the Commission or recognized by the reQ^ired
Commission under this Part, if the form of the
contracts has been approved by the Director under
this Part ;
(6) contracts for which a preliminary' prospectus and
a prospectus have been filed and receipts therefor
obtained from the Director under the Securities Act;
and
(c) a contract traded on a commodity futures exchange
situate outside Ontario as the result of an order
placed with a dealer who does not carry on business
in Ontario, not involving any solicitation by or on
behalf of the dealer. 1978, c. 48, s. 33.
34. — (1) Upon application by or on behalf of a com-^o^tj^°
modity futures exchange that is situate outside Ontario, the futures
/^ , exchange by
Commission shall recognize such commodity futures exchange commission
where it is satisfied that to do so would not be prejudicial
to the public interest and in making its decision shall take
into account whether,
(a) the clearing and other arrangements made and
the financial condition of the commodity futures
exchange, its clearing house and its members are
such as to provide reasonable assurance that all
obligations arising out of contracts entered into on
such commodity futures exchange will be met ;
872
Chap. 78
COMMODITY FUTURES
Sec. 34 (1) ib)
{b) the rules and regulations applicable to exchange
members and clearing house members are in the public
interest. and are actively enforced;
(c) floor trading practices are fair and properly super-
vised ;
{d) adequate measures have been taken to prevent
manipulation and excessive speculation;
{e) adequate provision has been made to record and
publish details of trading including volume and open
interest ;
(/) the exchange and its clearing house have undertaken
to comply with section 35; and
{g) the exchange and its clearing house are subject to
appropriate government controls.
Hearing (2) The Commission shall not refuse to recognize a com-
modity futures exchange under this Part without giving the
apphcant an opportunity to be heard. 1978, c. 48, s. 34.
Filing of
by-laws, etc.
35. Every commodity futures exchange recognized by the
Commission under section 34 and its clearing house shall
file with the Commission all by-laws, rules, regulations and
policies forthwith after the by-law, rule, regulation or policy
is approved by the Board of Directors of the commodity
futures exchange or clearing house. 1978, c. 48, s. 35.
offo*rm*of°^ 36. — (1) Upon appUcation by or on behalf of a commodity
contracts by futures exchange registered by the Commission, or recognized
by the Commission under this Part, and the filing of a copy
of all terms and conditions of a contract that it is proposed
be traded in Ontario, the Director shall accept the form of
contract where he is satisfied that to do so would not be
prejudicial to the pubhc interest and in making his decision
shall take into account whether.
(a) more than occasional use is made or can be reason-
ably expected to be made of the contract for
hedging transactions;
(6) with respect to a commodity futures contract each
term or condition is in conformity with normal
Sec. 37 (3) COMMODITY FUTURES Chap. 78 873
commercial practices of the trade in the commodity
or if not in such conformity there is reasonable
justification therefor;
(c) with respect to a commodity futures contract satis-
factory levels of margin, daily price limits, daily
trading limits and position limits are imposed by the
commodity futures exchange;
{d) with respect to a commodity futures option the
form of the commodity futures contract that is the
subject of the option has been accepted under this
Part; and
{e) with respect to a commodity futures option per-
formance on exercise of the option is reasonably
assured by established rules and procedures that
are actively enforced.
(2) The Director shaU not refuse to accept the form of Hearin«r
contract without giving the applicant an opportunity to be
heard. 1978, c. 48, s. 36.
87. — (1) It is a condition of acceptance of the form of Terms and
. , . / ,. , conditions of
a contract under section 36 that the commodity futures contracts to
, •'be filed with
exchange , commission
and available
through
agent
(a) file with the Commission copies of all current
contract terms and conditions; and
{b) unless the Director by order modifies the require-
ment, make copies of all current contract terms and
conditions available to registrants through an agent
in Ontario designated by the commodity futures
exchange.
(2) Copies of amendments or additions to contract terms ^**®'"
and conditions shall be filed with the Commission and
supplied to the agent designated by the commodity futures
exchange forthwith after the amendment or addition is
approved by the Board of Directors of the commodity
futures exchange.
(3) The Director shall not accept the form of a contract "«™
until advised by the commodity futures exchange of the
name and address of the agent designated for the purposes
of subsection (1).
874
Chap. 78
COMMODITY FUTURES
Sec. 37 (4)
Idem
(4) The commodity futures exchange shall, within five
days of the event, notify the Director of any change in
the name or address of the agent designated for the
purposes of subsection (1). 1978, c. 48, s. 37.
Order
exempting
from
registration
for trading,
acceptance
of form of
contract
38. — (1) The Commission may, upon the application of
an interested person or company, rule that an intended
trade is not subject to section 22 or 33 where it is
satisfied that to do so will not be prejudicial to the public
interest and may impose such terms and conditions as
are considered necessary.
flnai°^ (2) A decision of the Commission under this section is
final and there is no appeal therefrom. 1978, c. 48, s. 38.
PART XI
Order
revoking
registration
or recognition
of commodity
futures
exchange
or acceptance
of form of
contract
REVOCATION OF REGISTRATION OR RECOGNITION
OF COMMODITY FUTURES EXCHANGES AND
ACCEPTANCE OF FORM OF CONTRACT
39. — (1) The Commission may, where in its opinion
such action is in the public interest, and, subject to
such terms and conditions as it may impose, by order
revoke registration of a commodity futures exchange under
Part VII or recognition of a commodity futures exchange
under Part X or revoke acceptance of the form of a
contract under Part X for such period as is specified
in the order.
Temporary (2) No order shall be made under subsection (1) without
a hearing unless in the opinion of the Commission the
length of time required for a hearing could be prejudicial
to the public interest, in which event the Commission
may make a temporary order, that shall not be for
longer than fifteen days from the date of the making
thereof, but such order may be extended for such period
as the Commission considers necessary where satisfactory
information is not provided to the Commission within the
fifteen day period. 1978, c. 48, s. 39.
PART XII
TRADING GENERALLY
Statement 4Q, — (J) Every registered dealer or adviser shall furnish
famiBhedto each prospective customer prior to the opening of his
customer^* account with a written statement in the form prescribed
under the regulations which will,
Sec. 42 (1) ie) commodity futures Chap. 78 875
(a) explain the nature of, and risks inherent in trading
in contracts and obligations assumed by the customer
upon entering a contract ;
(b) advise the client to request and study the terms
and conditions of the contract ; and
(c) furnish details concerning commissions and other
charges levied by the dealer or adviser.
(2) Except where the Director bv order modifies theTernisand
• r • X J J 1 J • ^L conditions
requirement, every registered dealer or adviser upon the
request of a client shall furnish the client with a copy of all
current terms and conditions of any contract the form of
which has been accepted by the Director under Part X.
1978. c. 48, s. 40.
41. — (1) Subject to subsections (2) and (3), every registered SJJ^ii^
dealer who acts as an agent in connection with a trade '■®^'"red
in a commodity futures contract shall require from the
customer a margin of not less than the minimum prescribed
under the by-laws, rules or regulations of the commodity
futures exchange upon which the contract is traded.
(2) Subject to subsection (3), where the Commission has ^<*®™
made an order with respect to levels of margin under
section 20, every registered dealer who acts as an agent in
connection with a trade in a commodity futures contract
shall require from the customer a margin of not less than
the minimum prescribed thereunder.
(3) Notwithstanding subsections (1) and (2), a registered dealer ^1^° than
may require from the customer a margin greater than that pre- minimum
scribed under subsection (1) or (2). 1978, c. 48, s. 41.
42. — (1) Every registered dealer who has acted as an JfSade r"°°
agent in connection with any trade in a commodity futures f °^{J5^°*^'y
contract, including a trade upon the exercise of a commodity contract
futures option, shall promptly send by prepaid mail or
dehver to the customer a written confirmation of the
transaction, setting forth,
(a) the date of the transaction ;
{b) the commodity and quantity bought or sold;
(c) the commodity futures exchange upon which the
contract was traded ;
(d) the delivery month and year ;
{e) the price at which the contract was entered into;
876
Chap. 78
COMMODITY FUTURES
Sec. 42 (1) (/)
if) the name of the dealer, if any, used by the registered
dealer as its agent to effect the trade; and
(g) the name of the salesman, if any, in the trans-
action.
Coded
identification
(2) For the purposes of clauses (1) (/) and (g), a person or
company or a salesman may be identified in a written confirma-
tion by means of a code or symbols if the written confirmation also
contains a statement that the name of the person, company or
salesman will be furnished to the customer on request.
Filing
of code
(3) Where a person or company uses a code or symbols
for identification in a confirmation under subsection (1), the
person or company shall forthwith file the code or symbols
and their meaning, and shall notify the Commission within
five days of any change in or addition to the code or
symbols or their meaning.
ofofienS^* (^) Every dealer who has acted as agent in connection
with any trade in a commodity futures contract shall
promptly disclose to the Commission, upon request by the
Commission, the name of the person or company from
or to or through whom the commodity was bought or
sold. 1978, c. 48, s. 42.
statement
of purchase
ana sale
43. Every registered dealer who has acted as an agent
in connection with a Hquidating trade in a commodity
futures contract shall promptly send by prepaid mail or
dehver to the customer in addition to the written con-
firmation required under section 42, a statement of purchase
and sale setting forth,
(a) the dates of the initial transaction and Hquidating
trade ;
(6) the commodity and quantity bought and sold;
(c) the commodity futures exchange upon which the
contracts were traded ;
{d) the delivery month and year ;
{e) the prices on the initial transaction and on the
hquidating trade;
(/) the gross profit or loss on "the transactions;
(g) the commission ; and
Sec. 45(1) (/) COMMODITY FUTURES Chap. 78 877
(A) the net profit or loss on the transactions. 1978,
c. 48, s. 43.
44. So long as any unexpired and unexercised commoditv Monthly
, . ,. ° -^ '^ ,-. f .-' statement
futures option or open commodity futures contract is
outstanding in a customer's account, every registered dealer
shall promptly send by prepaid mail or deliver to each
customer a written monthly statement, setting forth,
[a) the opening cash balance for the month in the
customer's account ;
(6) all deposits, credits, withdrawals and debits to the
customer's account ;
(c) the cash balance in the customer's account ;
{d) each unexpired and unexercised commodity futures
option ;
{e) the striking price of each unexpired and unexercised
commodity futures option ;
(/) each open commodity futures contract;
{g) the price at which each open commodity futures
contract was entered into. 1978, c. 48, s. 44.
45. — (1) Every registered dealer who has acted as an^^^^^*°°
agent in connection with any trade in a commodity commodity
futures option shall promptly send by prepaid mail or option
deliver to the customer a written confirmation of the trans-
action setting forth,
(a) the date of the transaction ;
(6) the type and number of commodity futures options ;
(c) the commodity futures exchange upon which the
contract was traded ;
{d) the premium;
{e) the commodity futures contract that is the subject
of the commodity futures option ;
(/) the delivery month and year of the commodity
futures contract that is the subject of the commodity
futures option ;
878 Chap. 78 commodity futures Sec. 45 (1) (g)
{g ) the declaration date ;
(h) the striking price ;
(t) the name of the dealer, if any, used by the registered
dealer as its agent to effect the trade;
(;) the commission, if any, charged in respect of the
trade; and
{k) the name of the salesman, if any, in the trans-
action.
Coded
identification
(2) For the purposes of clauses (1) (i) and (k), a person or
company or a salesman may be identified in a written confirma-
tion by means of a code or symbols if the written confirmation also
contains a statement that the name of the person, company or
salesman will be furnished to the customer on request.
Filing
of code
(3) Where a person or company uses a code or symbols
for identification in a confirmation under subsection (1), the
person or company shall forthwith file the code or symbols
and- their meaning, and shall notify the Commission within
five days of any change in or addition to the code or
symbols or their meaning.
by'alent'^* (4) Every dealer who has acted as agent in connection
with any trade in a commodity futures option shall promptly
disclose to the Commission, upon request by the Commission,
the name of the person or company from or through
whom the commodity futures option was obtained. 1978,
c. 48, s. 45.
Seeregation
of funds
Application
46. — (1) All money, securities, property and proceeds of
loans received or advanced by a registered dealer to margin,
guarantee or secure the trades or contracts of customers and
all funds accruing to customers, shall be segregated for the
benefit of the customers for whom they are held, and
the registered dealer shall separately account for all such
money, securities, property, proceeds and funds so received
or advanced by him, and shall not knowingly commingle
such money, securities, property, proceeds and funds with
his own money, securities, property and funds.
(2) Subsection (1) does not apply to securities or property that
are subject to a lien or charge in favour of the registered dealer
under a written agreement, in the form prescribed by the regula-
tions, to secure loans referred to in subsection (1),
Sec. 48 (1) COMMODITY FUTURES Chap. 78 879
(3) Money, securities, property, proceeds and funds segregated ^*J™'ii
under subsection (1) for the benefit of customers may be com- segregated
, , fandB
mmgled.
(4) No registered dealer shall knowingly use money, f^^^:^^
securities, projDerty, proceeds or funds received from, ad-toiw
vanced to or held for any customer to margin, guarantee or
secure the trades or contracts or to secure or extend the
credit of any customer other than the customer for whom
such money, securities, property, proceeds or funds are held.
(5) Notwithstanding subsection (1), a registered dealer R^|i^»iai
may have a residual financial interest in a customer's interest
account and, from time to time, may advance from his own
funds sufficient funds to prevent any and all customer's
accounts from becoming undermargined.
(6) Upon application by an interested person or company, on^m8°°
the Commission may exempt any registered dealer or class and con-
of registered dealers from subsection (1) or (4), on such terms and
conditions as in the opinion of the Commission provide reasonable
protection for customers.
(7) Notwithstanding subsection (1), where a registered dealer ^^'^^p"®'"
has a residual financial interest in a customer's account or has
advanced his own funds to prevent any customer's account
from becoming undermargined, the dealer may draw upon
that account or any other accounts of the same customer
to his own order to the extent of his residual financial interest
therein or to the extent of the actual advances made. 1978,
c. 48, s. 46.
47. Every registered dealer shall deliver to the Com- Reports
mission, at such time or times as the Commission may
require, reports as to transactions in contracts on its
own account or on behalf of any other person or company
in such form as the Commission may prescribe. 1978, c. 48,
s. 47.
48. — (1) The Director may, by order, suspend, cancel. J^hfbiting
restrict or impose terms and conditions upon the right ^3!^^^^,
of any person or company named in the order to,
(a) call at any residence ; or
(b) telephone from within Ontario to any residence
within or outside Ontario,
for the purpose of trading in any contract.
880
Hearing
Chap. 78
COMMODITY FUTURES
Sec. 48 (2)
(2) The Director shall not make an order under subsection (1)
without giving the person or company affected an opportunity to
be heard.
"residence"
defined
(3) In this section, "residence" includes any building
or part of a building in which the occupant resides
either permanently or temporarily and any premises appurten-
ant thereto.
What
constitutes
calls
(4) For the purposes of this section, a person or company
shall be deemed conclusively to have called or telephoned
where an officer, director or salesman of the person or
company calls or telephones on his or its behalf. 1978,
c. 48. s. 48.
tions***"*^* 49. — (1) No person or company, with the intention of
prohibited effecting a trade in a contract, shall make any representa-
tion that he or any other person or company,
(a) will refund all or any of the margin or premium ; or
.f (b) assume all or any part of the obligation of another
person or company under the contract.
Future
value
(2) No person or company, with the intention of effecting
a trade in a contract, shall give any undertaking, written
or oral, relating to the future value of such contract. 1978,
c. 48, s. 49.
Use of
name of
another
registrant
50. No registrant shall use the name of another registrant
on letterheads, forms, advertisements or signs, as correspond-
ent or otherwise, unless he is a partner, officer or agent
of or is authorized so to do in writing by the other
registrant. 1978, c. 48, s. 50.
nofto'be"°° ^^* ^° person or company shall hold himself out as
advertised being registered by having printed in a circular, pamphlet,
advertisement, letter, telegram or other stationery that he is
registered. 1978, c. 48, s. 51.
outb^y^ ^2* ^° person or company who is hot registered shall,
unregistered either directly or indirectly, hold himself out as being
^ registered. 1978, c. 48, s. 52.
approvafby ^^' ^° person or company shall make any representation,
Commission written or oral, that the Commission has in any way
Sec. 55 (1) (a) commodity futures Chap. 78 881
passed upon the financial standing, fitness or conduct of
any registrant or upon the merits of any contract. 1978,
c. 48, s. 53.
54. — (1) The Commission may, after giving the registered s^*''"*"!^" of
dealer an opportunity to be heard, and upon being satisfied
that the registered dealer's past conduct with resjject to
the use of advertising and sales literature affords reasonable
grounds for belief that it is necessary for the protection of
the public to do so, order that a registered dealer shall
deliver to the Commission at least seven days before it is
used, copies of all advertising and sales literature that the
registered dealer profK)ses to use in connection with trading
in contracts.
(2) For the purposes of this section, utf^'^*
(a) "advertising" includes television and radio commer-
cials, newspaper and magazine advertisements and
all other sales material generally disseminated
through the communications media ; and
(6) "sales Hterature" includes records, videotapes and
similar material, written matter and all other
material, except terms and conditions of contracts
and the written statement required under section 41,
designed for use in a presentation to a customer
or prospective customer, whether such material is
given or shown to him.
(3) Where the Commission has issued an order under Prohibition
of
subsection (1), the Director may prohibit the use of the advertising
advertising and sales literature so delivered or may require
that deletions or changes be made prior to its use.
(4) Where an order has been made under subsection (i) Rescission
' "or variation
the Commission, on application of the registered dealer of order
at any time after the date thereof, may rescind or vary
the order where in its opinion it is not contrary to the
public interest to do so. 1978, c. 48, s. 54.
PART XIII
ENFORCEMENT
55. — (1) Every person or company that, ofrences.
general
(a) makes a statement in any material, evidence or
information submitted or given under this Act or
882
Chap. 78
COMMODITY FUTURES
Sec. 55 (1) (a)
tni.'.j
the regulations to the Commission, its representative,
the Director or to any person appointed to make
an investigation or audit under this Act that, at
the time and in the light of the circumstances
under which it is made, is a misrepresentation;
(b) makes a statement in any application, release,
report, return, financial statement, or other document
required to be filed or furnished under this Act
or the regulations that, at the time and in the
light of the circumstances under which it is made,
is a misrepresentation ;
(c) otherwise contravenes this Act or the regulations ; or
(d) fails to observe or to comply with any direction,
decision, ruling, order or other requirement made
under this Act or the regulations,
is guilty of an offence and on conviction is liable, in the case of a
company or a person other than an individual, to a fine of not more
than $25 ,000 and, in the case of an individual, to a fine of not more
than $2,000 or to imprisonment for a term of not more than one
year, or to both.
Defence
(2) No person or company is guilty of an offence under clause ( 1)
(a) or (b) if he or it, as the case may be, did not know and in the
exercise of reasonable diligence could not have known that the
statement was a misrepresentation.
Directors
and
officers
(3) Where a company or a person other than an individual is
guilty of an offence under subsection (1), every director or officer
of such company or person who authorized, permitted, or
acquiesced in such offence is also guilty of an offence and on
conviction is liable to a fine of not more than $2,000, or to
imprisonment for a term of not more than one year. 1978, c. 48,
s. 55.
Consent of
Minister
56. No proceedings under section 55 shall be instituted
except with the consent or under the direction of the
Minister. 1978, c. 48, s. 56.
Information 57, An information in respect of any contravention of
containing , . . , , ^ rr , ■ c
more than this Act may be for one or more offences and no informa-
one offence , . -^ . . . ..
tion, summons, warrant, conviction or other proceeding
in any such prosecution is objectionable or insufficient by
reason of the fact that it relates to two or more offences.
1978, c. 48, s. 57.
i
Sec. 59 (2) COMMODITY FUTURES Chap. 78 883
58. — (1) Where a provincial judge, magistrate or justice Execution
of another province or territory of Canada issues a warrant issued in
for the arrest of any person on a charge of contravening province
any provision of a statute of such province or territory
similar to this Act, any provincial offences court of Ontario within
the jurisdiction of which that person is or is suspected to be, may,
upon satisfactorv' proof of the handwriting of the provincial judge,
magistrate or a justice who issued the warrant, make an endorse-
ment thereon in the form prescribed by the regulations, and a
warrant so endorsed is sufficient authority to the person bringing
the warrant and to all other persons to whom it was originally
directed and to all constables within the territorial jurisdiction of
the provincial offences court so endorsing the warrant to execute it
within that jurisdiction and to take the person arrested thereunder
either out of or anywhere in Ontario and to rearrest such person
anvwhere in Ontario.
(2) Any constable of Ontario or of any other province transit
or territory of Canada who is passing through Ontario
having in his custody a person arrested in another province
or territory- under a warrant endorsed under subsection (1)
is entitled to hold, take and rearrest the accused anywhere
in Ontario under such warrant without proof of the
warrant or the endorsement thereof. 1978, c. 48, s. 58.
59. — (1) Where it appears to the Commission that any c<J]^®'i[°nce
person or company has failed to comply with or is
violating any decision or any provision of this Act or the
regulations, the Commission may, notwithstanding the impo-
sition of any penalty in respect of such non-compliance or
violation and in addition to any other rights it may
have, apply to a judge of the High Court designated
by the Chief Justice of the High Court for an order,
(a) directing such person or company to comply with
such decision or provision or restraining such
person or company from violating such decision or
provision ; and
{b) directing the directors and senior officers of such
person or company to cause such person or company
to comply with or to cease violating any such
decision or provision,
and, upon the application, the judge may make such
order or such other order as he thinks fit.
(2) An appeal lies to the Divisional Court from an order made Appeal
under subsection (1). 1978, c. 48, s. 59.
884
Chap. 78
COMMODITY FUTURES
Sec. 60 (1)
Limitation QQ, — (1) No proceedings under this Part shall be com-
menced ' in a court more than one year after the facts
upon which the proceedings are based first came to the
knowledge of the Commission.
Idem
(2) No proceedings under this Act shall be commenced
before the Commission more than two years after the
facts upon which the proceedings are based first came to
the knowledge of the Commission. 1978, c. 48, s. 60.
PART XIV
Refunds
GENERAL PROVISIONS
61. Where,
(a) an application for registration or renewal of regis-
tration is abandoned ;
(b) an application for recognition of a commodity futures
exchange is abandoned ; or
(c) an application for acceptance of the form of
contract is abandoned,
the Director may, upon the application of the person or
company who made the application recommend to the
Treasurer of Ontario that a refund of the fee paid on
the making of the application or such part thereof as he
considers fair and reasonable be made, and the Treasurer may
make such refund from the Consolidated Revenue Fund.
1978, c. 48, s. 61.
Admlsalblllty
in evidence
of certified
statements
i«*;
62. A statement as to,
(a) the registration or non-registration of any person
or company ;
(b) the filing or non-fihng of any document or material
required or permitted to be filed ;
(c) any other matter pertaining to such registration,
non-registration, filing or non-filing, or to any
such person, company, document or material; or
(d) the date of the facts upon which any proceedings
are to be based first came to the knowledge of
the Commission,
purporting to be certified by the Commission or a member
thereof, or by the Director is, without proof of the
Sec. 65 COMMODITY FUTURES Chap. 78 885
office or signature of the person certifjnng, admissible
in evidence, so far as relevant, for all purposes in any
action, proceeding or prosecution. 1978, c. 48, s. 62.
63.— (1) Where this Act or the regulations require that J?iS!?bilfor
material be filed, the fihng shall be effected by depositing the in»i»ction
material, or causing it to be deposited, with the Commission
and all material so filed shall, subject to subsection (2), be made
available by the Commission for public inspection during the
normal business hours of the Commission.
(2) Notwithstanding subsection (1), the Commission may hold wem
material or any class of material required to be filed by this
Act in confidence so long as the Commission is of the opinion
that the material so held discloses intimate financial, f)er-
sonal or other information and that the desirability of
avoiding disclosure thereof in the interests of any person or
company affected outweighs the desirability of adhering to the
principle that material filed with the Commission be available
to the public for inspection. 1978, c. 48, s. 63.
64. — (1) No action or other proceeding for damages c^^Mfo?
shall be instituted against the Commission or any member »°d officers
thereof, or any officer, servant or agent of the Com-
mission for any act done in good faith in the performance
or intended performance of any duty or in the exercise
or the intended exercise of any power under this Act
or a regulation, or for any neglect or default in the
performance or exercise in good faith of such duty or
power.
(2) No person or company has any rights or remedies ^^^^ed
and no proceedings lie or shall be brought against any person compliance
or company for any act or omission of the last-mentioned
person or company done or omitted in compliance with this
Act, the regulations or any direction, decision, order, ruling
or other requirement made or given under this Act or the
regulations.
(3) Subsection (1) does not, by reason of subsections 5 (2) and (3) ^^^JjJJ„
of the Proceedings Against the Crown Act, relieve the Crown of r § o. i980,
liability in respect of a tort committed by the Commission or any c. 393
person referred to in subsection (1) to which the Crown would
otherwise be subject and the Crown is liable under that Act for any
such tort in a like manner as if subsection (1) had not been
enacted. 1978, c. 48, s. 64.
65. The Lieutenant Governor in Council may make R«8iii»tioii8
regulations,
886 Chap. 78 COMMODITY FUTURES Scc. 65lll
1. prescribing requirements respecting applications for
registration and renewal of registration, and pro-
viding for the expiration of registrations ;
2. classifying registrants into categories and prescribing
the terms and conditions of registration of regis-
trants in each category ;
3. governing the furnishing of information to the
public or to the Commission by a registrant in
connection with contracts or trades therein ;
4. designating any person or company or any class
of persons or companies that shall not be required
to obtain registration as an adviser ;
5. designating any goods, article, service, right or
interest, or class thereof, a commodity;
6. prescribing conditions for the conduct of the business
of a commodity futures exchange ;
7. prescribing conditions precedent to the recognition
of self-regulatory bodies under section 15;
8. prescribing the fees payable to the Commission
including fees for filing, fees upon applications for
registration, fees in respect of audits made by
the Commission and other fees in connection with
the administration of this Act and the regulations;
9. prescribing the documents, certificates, reports, re-
leases, statements, agreements and other particulars
relating thereto that are required to be filed,
furnished or delivered under this Act and the
regulations ;
J^i
10. prescribing the practice and procedure of investi-
gations under sections 7 and 9 ;
11. prescribing the forms for use under this Act and
the regulations ;
12. respecting the content and distribution of written,
printed or visual material and advertising that may
be distributed or used by a person or company
in respect of a contract ;
13. prescribing the form and content of the written
statement required by section 40;
Sec. 66 COMMODITY FUTURES Chap. 78 887
14. prescribing the form and content of the written agree-
ment referred to in subsection 46 (2);
15. respecting the practice and procedure for the
segregation of customers' money, securities, property,
proceeds and funds under section 46 ;
16. permitting the Commission or the Director to exempt
any person or company from the provisions of
the regulations or vary the provisions as they
apply to any person or company. 1978, c. 48,
s. 65.
66. The Commission may, where in its opinion to do so ^°^j.^^\^^°°'^
would not be prejudicial to the pubUc interest, make «iri to revoke or
order on such terms and conditions as it may impose decision
revoking or varying any decisions made by it under this
Act or the regulations. 1978, c. 48, s. 66.
I
Sec. 4 (3) COMMUNITY PSYCHIATRIC HOSPITALS Chap. 79 889
CHAPTER 79
Community Psychiatric Hospitals Act
1. In this Act, SJf^"*-
(a) "hospital" means a community psychiatric hospital
established or approved under section 3 ;
{b) "Minister" means the Minister of Health ;
(c) "patient" means a person received and lodged in a
hospital for the purpose of treatment ;
(d) "provincial aid" means aid granted to a hospital
out of moneys appropriated for the purpose by the
Legislature ;
{e) "regulations" means the regulations made under this
Act;
if) "treatment" means the maintenance, observation,
nursing, medical and other care of a patient.
R.S.O. 1970,c.74,s. 1.
2. The Minister is responsible for the administration o^ ^j*^°"^?*^^'
this Act. R.S.O. 1970, c. 74, s. 2. °°° *"
3. The Lieutenant Governor in Council may estabhsh ^♦^''"s^'
. J mentand
one or more hospitals for the care and treatment of persons approval of
suffering from emotional or psychiatric disorders as commun- ^^^/itric
ity psychiatric hospitals and he may approve all or any part^°^P*^^^
of any institution, building or other premises or place as
such a community psychiatric hospital. R.S.O. 1970, c. 74,
S.3.
4. — (1) Where the Lieutenant Governor in Council estab-^j^*°*
lishes a hospital under this Act, he shall designate the name hospital
by which the hospital is to be known and he shall appx)int un'der*
a board of governors composed of not fewer than eight '*^*^ ^^^
members, including members ex officio, to maintain and
operate the hospital.
(2) Every board of a hospital is a corporation. SK's*'*
(3) Vacancies in the board of a hospital may be filled from vacancies
time to time by the Lieutenant Governor in Council.
890
Chap. 79 COMMUNITY PSYCHIATRIC HOSPITALS Sec. 4 (4)
Officers
and staff
(4) The board of a hospital may employ a director and such
other officers and staff as are from time to time required
for its purposes, and may pay the director, other officers
and staff such remuneration as it considers proper out of
its funds.
By-laws
(5) Subject to the approval of the Lieutenant Governor
in Council, the board of a hospital may make such by-laws,
rules and regulations as it considers expedient for the admin-
istration of its affairs.
Agreements (5) Subject to the approval of the Lieutenant Governor
in Council, the board of a hospital may make agreements
with universities, medical associations, hospitals and persons
for the purpose of carrying out its objects.
Funds
(7) The funds of the board of a hospital consist of
moneys received by it from any source and it may disburse,
expend or otherwise deal with any of its funds in such
manner not contrary to law as it considers proper.
Audit
(8) The accounts of the board of a hospital shall be
audited annually by the Provincial Auditor or by such other
auditor as the Lieutenant Governor in Council designates,
in which event the costs of the audit shall be paid out of
the funds of the board.
Annual
report
(9) The board of a hospital shall, after the close of each
fiscal year, make a report upon its affairs during the preceding
year to the Minister and every such report shall contain a
financial statement, certified by the auditor, showing all
moneys received and disbursed by it during the preceding
year. R.S.O. 1970, c. 74, s. 4.
General
powers
continued
5. Every hospital has power to carry on its undertaking
as authorized by any general or special Act, but, where
the provisions of any general or special Act conflict with the
provisions of this Act or the regulations, the provisions of
this Act and the regulations prevail. R.S.O. 1970, c. 74,
s.5.
Application Q, The Lieutenant Governor in Council may designate
R.S.O. 1980, any provision of the Public Hospitals Act or of the regu-
c. 410 lations thereunder as being applicable to any hospital under
this Act. R.S.O. 1970, c. 74, s. 6.
No
taxation
7. The real and personal property, business and income
of a hospital are not subject to assessment or taxation for
municipal or provincial purposes. R.S.O. 1970, c. 74,
s. 7.
Sec. 9 (g) COMMUNITY PSYCHIATRIC HOSPITALS Chap. 79 891
8. The Minister may pay hospitals provincial aid in Provincial
such manner, in such amounts and under such conditions as
are prescribed by the regulations. R.S.O. 1970, c. 74, s. 8.
0. The Lieutenant Governor in Council may make regula-^^^*"°'"
tions with respect to hospitals for,
(a) their construction, alteration, equipment, safety,
maintenance and repair ;
(6) their inspection, control, government, management,
conduct, operation and use ;
(c) their superintendents, other officers and staffs and
the powers and duties thereof ;
(d) their classifications, grades and standards, and the
classification of patients, and the length of stay of and
the rates and charges for patients ;
(e) the admission, treatment, care, conduct, control,
custody and discharge of patients or any class of
patients ;
(/) prescribing the classes of grants by way of provincial
aid to hospitals and the methods of determining
the amounts of grants and providing for the
manner and times of payment and the suspension
and withholding of grants and for the making of
deductions from grants ;
(g) any matter necessary or advisable to carry out
effectively the intent and purpose of this Act.
R.S.O. 1970, c. 74, s. 9.
Sec. 1 (1) (J) COMMUNITY RECREATION CENTRES Chap. 80 893
CHAPTER 80
Community Recreation Centres Act
1. — (1) In this Act, St?^""
(a) "approved corporation" means a corporation
approved under section 8 ;
(b) "band", "council of the band" and "reserve" have
the same meaning as in the Indian Act (Canada); of^-^®^'
(c) "board" means a board as defined in the Education Act: R-SO. i98o,
' ' c. 129
{d) "committee of management" means a committee
appointed under section 5 ;
(e) "community recreation centre" means land or all or
any part of a building or buildings or structure
established in accordance with this Act that is
maintained and operated for community recreation
activity ;
(/) "corporation" means a corporation without share
capital having objects of a charitable, educational
or social nature,
(i) to which Part III of the Corporations Act applies, ^ s_o. i98o,
or
(ii) that is incorporated under a general or special
Act of the Parliament of Canada ;
{g) "Minister" means the Minister of Culture and
Recreation ;
(A) "municipality" means a city, town, village, town-
ship or improvement district ;
(«) "regulations" means the regulations made under
this Act. 1974, c. 80. s. 1 (1); O. Reg. 52/76.
894
Chap. 80 COMMUNITY RECREATION CENTRES SeC. 1 (2)
Community
centre
deemed
community
recreation
centre
R.S.0. 1970,
C.73
(2) For the purposes of this Act, a community centre
estabhshed under The Community Centres Act shall be deemed
to be a community recreation centre established in accord-
ance with this Act. 1974, c. 80, s. 1 (2).
By-laws for
the estab-
lishment of
community
recreation
centres
2, — (1) The council of a municipality may, by by-law,
provide for the establishment, maintenance and operation of
one or more community recreation centres in accordance
with this Act and the regulations and may acquire by
purchase, lease or otherwise real and personal property for
that purpose and the council shall submit a copy of the
by-law to the Minister.
^y-j8^wfor (2) A by-law enacted pursuant to subsection (1) may provide
landin for acquiring land and establishing a community recreation
municipality centre in territory without municipal organization that is
contiguous to the establishing municipality or in a munici-
pality that is contiguous to the establishing municipality.
Debentures
R.S.O. 1980,
c. 302
(3) A municipality may issue debentures for the purpose of
subsection (1) in the manner provided by the Municipal Act.
Grants
in aid
(4) The council of a municipality may pass by-laws grant-
ing aid to community recreation centres.
Council may
prescribe
fees, etc.
(5) The council of a municipality may prescribe fees and
fix charges for the admittance to or the use of a community
recreation centre and may from year to year or for any time not
exceeding ten years let the right to sell refreshments within
the community recreation centre on such terms and con-
ditions as the council may prescribe. 1974, c. 80, s. 2.
Establish-
ment of
community
recreation
centres
by boards
3. — (1) A board with jurisdiction in territory without
municipal organization may provide for the establishment,
maintenance and operation of one or more community
recreation centres in accordance with this Act and the
regulations in such territory without municipal organization
and may acquire by purchase, lease or otherwise real and
personal property for that purpose.
Board may
prescribe
fees, etc.
(2) A board that establishes a community recreation
centre under subsection (1) may prescribe fees and fix
charges for the admittance to or the use of the community
Sec. 5 (4) COMMUNITY RECREATION CENTRES Chap. 80 895
recreation centre and may from year to year or for any time
not exceeding ten years let the right to sell refreshments
within the community recreation centre on such terms and
conditions as the board may prescribe. 1974, c. 80, s. 3.
4. The council of a municipality may enter into an agree- jN*;^,™®°**
ment with the council or councils of any other municipality"^"' .
..... , , ,,., ,-^ community
or municipalities for the joint estabhshment or use of a recreation
community recreation centre upon such terms as may be
agreed respecting the cost and maintenance of the community
recreation centre and the council shall submit a copy of the
agreement to the Minister. 1974, c. 80, s. 4.
5. — (1) The council of a municipality or a board establish- ^^^p^^j^^^
ing a community recreation centre under this Act may
appoint a committee for the management and control of the
community recreation centre composed of not fewer than three
persons who are qualified to be elected as members of the
council or of the board, as the case may be, and where
the committee is composed of five or more persons, at least
two shall be members of the council or of the board, as the
case may be.
(2) The council or board may appoint one committee of committee
management in the manner provided in subsection (1) to
manage and control any or all community recreation centres
established by the municipality or board, as the case may be.
(3) The members of the committee of management shall be men^°^
appointed annually by the council or board, as the case
may be.
(4) Notwithstanding subsection (1), where financial aid or Jf^^J^^'Jft^e
contribution in respect of the establishment or maintenance °o?^"°i°fled
of a community recreation centre under this Act is granted to be elected
or made by any person, society, board or other body or by
any other municipality not within the territorial jurisdiction
of the municipality or board, as the case may be, that
establishes the community recreation centre, the council
of that municipality or board may appoint as members of the
committee of management persons who are not qualified
to be elected as members of the council of the municipality
or board, as the case may be, that establishes the community
recreation centre, but any persons appointed to represent
a municipality or board contributing to the cost of the com-
munity recreation centre under an agreement for the joint
establishment or use thereof shall be qualified to be elected
as a member of the council of the contributing munici-
pality or as a member of the contributing board, as the
case may be.
896
Quorum
Chap. 80 COMMUNITY RECREATION CENTRES ScC. 5 (5)
(5) A majority of the members of the committee of
management shall be a quorum.
Committee
may make
rules and
fix cbargres
(6) The committee of management of a community recrea-
tion centre may make such rules as it considers necessary
relating to the management and control thereof and may
fix such charges for the use of the community recreation
centre as it considers advisable.
Power of
committee
to let the
riKht to sell
refreshments
(7) Subject to subsection 2 (5) and subsection 3 (2), the commit-
tee of management of a community recreation centre has the
power to let from year to year, or for any time not exceeding ten
years, the right to sell refreshments on such terms and conditions
as the committee shall prescribe.
Assets and
liabilities
to vest in
establishing
municipality
or board
R.S.O. 1980,
c. 129
(8) Notwithstanding subsection (1), and subject to any agree-
ment entered into under section 4 of this Act or under section 160
of the Education Act, all assets realized and liabilities incurred in
connection with a community recreation centre shall vest in the
municipality or board, as the case may be, that establishes the
community recreation centre.
Estimate of
committee's
financial
requirements
(9) A committee of management shall submit annually
for approval by the council of the municipality or board,
as the case may be, that establishes the community
recreation centre, an estimate of the committee's net
financial requirements for the year, and the council of the
municipality or board, as the case may be, may amend the
estimate prior to approval and where the estimate is
approved, shall pay out of moneys appropriated for the
committee such amounts as may be requisitioned by the
committee from time to time but not exceeding in any year
the amount of the approved estimate.
Idem
(10) Where a community recreation centre is jointly
established pursuant to an agreement under section 4, the
committee of management shall submit its estimate for
approval by the council of each participating municipality
together with a statement as to the proportion of the
estimate to be charged to each municipality and the pro-
visions of subsection (9) shall apply with necessary modifications.
Idem (11) A committee of management shall not make or incur lia-
bility for any expenditure that is not approved under subsection (9)
or (10) as part of its annual estimate and the municipality or board
that establishes the community recreation centre or that partici-
pates in the joint establishment or use of the community centre, as
Sec. 9 (a) community recreation centres Chap. 80 897
the case may be, shall not be liable for any expenditure that is not
approved under subsection (9) or (10). 1974, c. 80, s. 5.
6. — (1) The Minister may out of moneys appropriated grants to
therefor by the Legislature direct payment to a municipality paiities
of an amount computed in accordance with the regulations
towards the cost, approved by the Minister, of the erection,
alteration, extension, acquisition by purchase, lease or
otherwise or the renovation of a community recreation
centre but not exceeding the lesser of $75,000 or 25 per cent
or such greater amount as the regulations prescribe of such
cost for any community recreation centre.
(2) Notwithstanding subsection ( 1), where an agreement for the ^^^"*
joint establishment or use of a community centre is entered into
under section 4, or under section 160 of the Education Act, the R s.o. iqso,
c 129
amount of the grant under subsection (1) to each participating
municipality shall not exceed the lesser of $75 ,000 or 25 per cent or
such greater amount as the regulations prescribe of the value of the
contribution by the municipality for the community recreation
centre.
(3) Where a community recreation centre was established in ap'^^^^o .
' -' boards under
municipality by a board prior to the 1st day of April, 1975, the pr^ecessor
Minister may out of moneys appropriated therefor by the Legis-
lature direct payment to the board of an amount computed in
accordance with subsection (1) towards the cost, approved by the
Minister, of the alteration, extension or renovation of the com-
munity recreation centre. 1974, c. 80, s. 6.
7. No grant shall be made under section 6 or 9 for the UbSfitte?
erection, alteration, extension, acquisition or renovation to Minister
of a community recreation centre until the plans therefor
have been submitted to the Minister. 1974, c. 80, s. 7.
8. Where the Minister is satisfied that any corporation ^pp''°^*} °f
..-. ., ,.» f -11 corporation
IS, With financial assistance under this Act, financially cap- by Minister
able of establishing, maintaining and operating a community
recreation centre and that its affairs are carried on under
competent management in good faith for charitable, edu-
cational or social purposes, he may approve such corporation
as a corporation for the purposes of this Act. 1974, c. 80, s. 8.
9. The Minister may, out of moneys appropriated there- ^^^^e^,
for by the Legislature and upon such terms and conditions ^"^'°'^««
as he may determine, direct payment to,
(a) the council of a band;
898 Chap. 80 community recreation centres Sec. 9 (b)
(b) an approved corporation where the community
recreation centre is or will be in territory without
municipal organization; or
(c) a board with jurisdiction in territory without
municipal organization where the community rec-
reation centre is or will be in such territory,
for the erection, alteration, extension, acquisition by pur-
chase, lease or otherwise, or the renovation of a com-
munity recreation centre. 1974, c. 80, s. 9.
Change of J Q^ No municipality, board, band or approved corporation
or disposal that has been paid a grant under section 6 or 9, as the case
recreation may be, in respect of a community recreation centre shall
centres change the site or use of the community recreation centre or
sell, lease, mortgage or otherwise dispose of any part of or
interest in the community recreation centre without the
approval in writing of the Minister, and such approval may
be subject to such terms and conditions as the Minister may
consider advisable, including a condition requiring the re-
payment in whole or in part of any such grant. 1974, c. 80,
s. 10.
^"revocatfon ^^' — (^) ^" approval given under this Act may be
of approval suspended or revoked by the Minister, where,
(a) a director, officer or servant of the municipality,
board or approved corporation, as the case may be,
has contravened or knowingly permitted a person
under his control and direction to contravene a
provision of this Act or the regulations and such
contravention occurred through lack of competence
or with intent to evade the requirements of such
provision; or
(b) the approval would be refused if application were
being made for it in the first instance.
Hearing (2) Subject to subsection (6) and except where an approval
is suspended or revoked with consent of the municipality,
board or approved corporation, as the case may be, before
suspending or revoking an approval given under this Act,
the Minister shall cause a hearing as to whether the approval
should be suspended or revoked to be held by a person,
other than a person in the employment of the Ministry of
Culture and Recreation, appointed by the Minister.
Application
of
R.S.O. 1980,
c. 484
(3) Sections 4 to 16 and 21 to 24 of the Statutory Powers
Procedure Act apply with respect to a hearing under this section.
Sec. 12 ie) community recreation centres Chap. 80 899
(4) The person conducting a hearing under this section Report
shall, at the conclusion of the hearing, make a report to
the Minister setting out his findings of fact and any
information or knowledge used by him in making his
recommendations, and his recommendations as to the sus-
pension or revocation of the approval, and shall send a
copy of his report to the persons affected.
(5) After considering a report made to him under this ^^^**°,°°'
section, the Minister may thereupon susp)end or revoke the
approval to which the report relates and shall give notice
of his decision to the persons affected, specifying the
reasons therefor.
(6) Notwithstanding anything in this section, the Minister, ^^^^^^
by notice to the persons affected and without a hearing,
may provisionally susf)end an approval given under this
Act, where the continuation of operations in accordance
with the approval is, in the Minister's opinion, an immediate
threat to the health or safety of any person or to the public
and the Minister so states in such notice giving his reasons
therefor, and thereafter the Minister shall cause a hearing
to be held and the provisions of subsections (2) to (5) apply. 1974,
c. 80, s. 11.
12. The Lieutenant Governor in Council may make ^*«^^*"°°*
regulations,
(a) governing applications by municipalities, boards,
approved corporations and bands for payments
under this Act, and prescribing the terms and
conditions up)on which such payments may be made,
and the time and manner of payment ;
(6) prescribing classes of grants and the manner of
computing the amounts of such grants or any class
thereof payable under this Act ;
(c) prescribing the greater amount of the maximum
of a grant or class thereof for the purposes of
section 6;
{d) prescribing the uses to which a community rec-
reation centre may be put and the accommodation
that may be provided therein;
{e) prescribing the powers and duties of municipalities,
committees of management, bands and boards as
they relate to the operation and management of a
community recreation centre and providing for the
appointment of officers of such committees;
900 Chap. 80 COMMUNITY RECREATION CENTRES ScC. 12 (/)
(/) prescribing the records to be kept and the returns
to be made to the Minister in respect of com-
munity recreation centres and the method, time
and manner in which such records and returns
shall be made;
{g) prescribing forms and providing for their use. 1974,
c. 80,s. 12.
Sec. 4 (1) COMMUTER SERVICES Chap. 81 901
CHAPTER 81
Commuter Services Act
1. In this Act, "Minister" means the member of thejnjfnjre-
tation
Executive Council to whom the administration of this Act is
assigned by the Lieutenant Governor in Council. R.S.O. 1970,
c. 75,s. 1.
2. — (1) The Minister is responsible for the administration ^^o^^^'
of this Act. of Act
(2) The Minister may delegate any of his powers under Delegation
this Act to any one or more Crown employees as defined
in the Public Service Act. R.S.O. 1970, c. 75, s. 2. Rso. i980.
c. 418
3. — (1) Her Majesty in right of the Province of Ontario, rep- ment'and
resented by the Minister, may, operation of
-^ J ^ J commuter
(a) estabhsh and operate ; and
(6) with the approval of the Lieutenant Governor in
Council, enter into agreements with Canadian Na-
tional Railways and any other corporation or in-
dividual, or any one or more of them, with respect
to any matter or thing having as its object the
establishment and operation, or either of them, of,
commuter services to serve any one or more areas in
Ontario.
(2) Any municipality, including any metropolitan muni- ]^®^;,j,
cipality, is a corporation for the purpose of subsection (1), andpaii"®*
is hereby authorized and empowered to enter into agree-
ments thereunder. R.S.O. 1970, c. 75, s. 3.
4.-(l) The Minister may. tt^^^ns
(a) acquire by purchase, lease or otherwise any rolling
stock, equipment, apparatus or thing ; and
(6) acquire by purchase, lease or otherwise or expropri-
ate any land or any interest in land,
that may be required for the establishment and ojjeration,
or either of them, of any commuter service that is or is to be
provided under section 3.
902 Chap. 81 COMMUTER SERVICES Sec. 4 (2)
DisposiMon (2) The Minister may sell, lease or otherwise dispose of any
rolling stock, equipment, apparatus or thing or any land or
any interest in land no longer required for the purposes of
this Act. R.S.O. 1970,c. 75,s. 4.
Regulations 5^ — (J) The Lieutenant Governor in Council may make
regulations,
(a) prohibiting or regulating the use of any land or any
interest in land acquired under subsection 4 (1) and
prohibiting or regulating vehicular traffic and pedes-
trian traffic on any such land or interest in land;
(b) requiring and providing for the issue of permits and
licences and providing for the granting of rights in
respect of the use of any such land or interest in
land, and providing for the revocation of any such
permit, hcence or right ;
(c) prescribing the fees or rentals payable for any permit,
licence or right issued or granted in respect of any
such land or interest in land ;
(d) prescribing fares that shall be charged and collected
for any service ;
{e) governing the terms and conditions upon which
tickets may be sold ;
(/) governing the conduct of passengers and for refusing
passage to persons who do not comply with the
regulations or the terms and conditions upon which
tickets are sold ;
{g) imposing fines of not more than $100, exclusive of
costs, upon every person who contravenes any pro-
vision of a regulation made under this section ;
{h) providing a procedure for the voluntary payment
of fines out of court in cases where it is alleged that
the parking provisions of a regulation made under
this section have been contravened, and, if payment
is not made in accordance with the procedure,
subsection (2) applies. R.S.O. 1970, c. 75, s. 5 (1).'
Penalty (2) Every person who contravenes any provision of a regulation
made under subsection ( 1) is guilty of an offence and on conviction
is liable to the fine imposed therefor by the regulations. R.S.O.
1970, c. 75, s. 5 (2), revised.
Sec. 5 (5) COMMUTER SERVICES Chap. 81 903
(3) The owner of a motor vehicle that is parked in contraven- ^^]
tion of a regulation made under subsection (1) is guilty of an owner and
offence and on conviction is liable to the fine imposed therefor by liable to
the regulations, unless at the time of the contravention the motor ^^ ^ *'
vehicle was in the possession of some person other than the owner
or his chauffeur without the owner's consent, and the driver of the
motor vehicle not being the owner shall also incur the fines
imposed for any such contravention. R.S.O. 1970, c. 75, s. 5 (3)
revised.
(4) The Minister may appoint one or more Crown employees men^'of
as an officer or officers for the purposes of carrying out all g^^" ^ ^
or any of the provisions of the regulations made under regulations
subsection (1), and any person so appointed is a constable for such
purpose and for the purposes of section 19 of the Highway Traffic R so. i980.
Act.
(5) A person appointed under subsection (4) shall, while carr>'- certifloat«
ing out his duties under the appointment, have in his possession ament
certificate of his appointment under sut)section (4) and shall pro-
duce such certificate upon request. R.S.O. 1970, c. 75fS. 5(4,5).
u.
Sec. 1 (1) COMPENSATION FOR VICTIMS OF CRIME Chap. 82 905
CHAPTER 82
Compensation for Victims of Grime Act
1. — (1) In this Act. Interpre-
^ ' ' tation
(a) "Board" means the Criminal Injuries Compensation
Board;
{b) "child" means a child born within or outside
marriage, subject to sections 86 and 87 of the Child R s o. i980,
Welfare Act (which relate to the effect of adoption),
and includes a grandchild of the victim and a
person whom the victim has demonstrated a settled
intention to treat as a child of his family, and includes
a child of the victim conceived before and born
alive after the victim's death, but does not include a
child placed in the home of the victim as a foster
child for consideration by a person having lawful
custody ;
(c) "dependant" means,
(i) the spouse of the victim,
(ii) a parent of the victim, including a grand-
parent and a person who has demonstrated a
settled intention to treat the victim as a child
of his family, but does not include a person
in whose home the victim was placed as a
foster child for consideration by a person
having lawful custody,
(iii) a child of the victim,
(iv) a brother or sister of the victim, and
(v) any other relative of the victim,
who was in whole or in part dependent on the
victim for support at the time of his death ;
{d) "injury" means actual bodily harm and includes
pregnancy and mental or nervous shock and "injured"
has a corresponding meaning ;
906 Chap. 82 COMPENSATION FOR VICTIMS OF CRIME Scc. 1 (1)
{e) "Minister" means the Attorney General ;
R.S.C. 1970,
c. C-34
(/) "peace officer" means a peace officer as defined in the
Criminal Code (Canada) ;
{g) "victim" means a person injured or killed in the
circumstances set out in section 5. 1971, c. 51, s. 1 (1) ;
1972, c. 1, s. 9 (7); 1977. c. 40, s. 89 (1).
Unmarried
spouses
(2) The Board may direct that a person was the spouse
of a deceased victim for the purposes of this Act where
the Board finds that.
(a) they were a man and a woman who, not being
married to each other, had been cohabiting im-
mediately before the death of the victim,
(i) continuously for a period of not less than
five years, or
(ii) in a relationship of some permanence where
there is a child born of whom they are the
natural parents ; or
(b) their marriage was terminated by a decree absolute
of divorce or was declared a nullity and the spouse
was a person to whom the victim was providing
support or was under a legal obligation to provide
support immediately before his death. 1977, c. 40,
s. 89 (2).
Administra-
tion of Act
2. The Minister is responsible for the administration of this
Act. 1971, c. 51, s. 2.
Criminal
Injuries
Compensa-
tion Board
3. — (1) The Criminal Injuries Compensation Board is con-
tinued and shall be composed of such number of members, not
fewer than five, as are appointed by the Lieutenant Governor in
Council, and the Lieutenant Governor in Council shall appoint
one of such members as chairman and one or more of them as
vice-chairmen. 1971, c. 51, s. 3 (1); 1979, c. 105, s. 1.
Board a
corporation
R.S.O, 1980,
c. 95
(2) The Board is a corporation to which the Corporations Act
does not apply.
Sec. 5 (/) COMPENSATION FOR VICTIMS OF CRIME Chap. 82 907
(3) The chairman shall have general supervision and duties of
direction over the conduct of the affairs of the Board, and
shall arrange the sittings of the Board and assign members
to conduct hearings as circumstances require.
(4) The chairman may designate a vice-chairman who shall fhjSrnum*
exercise the powers and perform the duties of the chairman
when the chairman is absent or unable to act. 1971, c. 51,
s. 3 (2-4).
4. The Board shall prepare and periodically publish a Publishing
summary of its decisions and the reasons therefor. 1971,
c.Sl.s. 4.
5. Where any person is injured or killed by any act or ^,^®^bi
omission in Ontario of any other person occurring in or
resulting from,
(a) the commission of a crime of violence constituting
an offence against the Criminal Code (Canada), RS.c. 1970,
including poisoning, arson, criminal negligence and
an offence under section 84 of that Act but not
including an offence involving the use or operation
of a motor vehicle other than assault by means of a
motor vehicle ;
(b) lawfully arresting or attempting to arrest an offender
or susjjected offender for an offence against a person
other than the applicant or his def)endant or against
such person's property, or assisting a peace officer in
executing his law enforcement duties ; or
(c) preventing or attempting to prevent the commission
of an offence or suspected offence against a person
other than the applicant or his dependant or against
such person's property,
the Board, on application therefor, may make an order that
it, in its discretion exercised in accordance with this Act,
considers proper for the payment of compensation to,
(d) the victim ;
{e) a person who is responsible for the maintenance of
the Nnctim ;
(/) where the death of the victim has resulted, the
victim's dependants or any of them or the person
908
Limitation
period for
applioatlon
Compensa-
tion
Idem
Chap. 82 COMPENSATION FOR VICTIMS OF CRIME ScC. 5 (/)
who was responsible for the maintenance of the
victim immediately before his death or who has, on
behalf of the victim or his estate and not being
required by law to do so, incurred an expense
referred to in clause 7 (1) (a) or (c) arising from the act or
omission. 1971, c. 51, s. S.
6. An application for compensation shall be made within
one year after the date of the injury or death but the
Board, before or after the expiry of the one-year period,
may extend the time for such further period as it considers
warranted. 1971, c. 51, s. 6.
7. — (1) Compensation may be awarded for,
(a) expenses actually and reasonably incurred or to
be incurred as a result of the victim's injury or death ;
(b) pecuniary loss incurred by the victim as a result of
total or partial disability affecting the victim's
capacity for work ;
(c) pecuniary loss incurred by dependants as a result of
the victim's death ;
^' (d) pain and suffering ;
(e) maintenance of a child bom as a result of rape ;
(/) other pecuniary loss resulting from the victim's
injury and any expense that, in the opinion of the
Board, it is reasonable to incur.
(2) Where the injury to a person occurred in the circumstances
mentioned in clause 5 (b) or (c), the Board may, in addition to the
compensation referred to in subsection (1), award compensation to
the injured person for any other damage resulting from the injury
for which damages may be recovered at common law. 1971, c.
51, s. 7.
Sr^hearing ^* Where an appHcation is made under section 5, the
chairman of the Board shall refer the application.
{a) to the Board for a hearing conducted by at least
two members of the Board ; or
{b) to one member of the Board for a hearing by him,
as the chairman may direct. 1971, c. 51, s. 8.
Sec. 12 COMPENSATION FOR VICTIMS OF CRIME Chap. 82 909
9. — (1) The Board or member to whom an application is^°j^«o'
referred under section 8 shall fix a time and place for the one member
hearing of the application and shall at least ten days before
the day fixed cause notice thereof to be served upon the
applicant, upon the Minister, upon the offender where
practicable and upon any other person appearing to the
Board or member to have an interest in the application.
(2) Every person upon whom notice of a hearing is Parties
served and any other person added by the Board or member
is a party to the proceedings.
(3) The Board or member shall hold the hearing and make o?meiTiber°°
an order under section 5, and, subject to section 10, this
Act applies in respect of the hearing and jurisdiction of
the member in the same manner as to the Board. 1971,
c. 51.S. 9.
10. — (1) Where an application is heard by a single member Hearing
of the Board under section 9, the applicant or the Minister review by
may, within fifteen days after service of the decision of
the member, require a hearing and review by the Board
and the Board shall fix a time and place for the hearing and
shall at least ten days before the day fixed cause notice
thereof to be served upon the parties to the proceedings.
(2) The Board may add persons as parties to the proceed- ^^*j^
ings during a review under this section.
(3) The hearing shall be conducted and the jurisdiction ofQ^o"^
the Board shall be exercised by at least two members of the
Board and the member whose decision is being reviewed shall
not sit on the review.
(4) After a hearing and review by the Board under thisg^of
section, the Board shall make its order in accordance with
this Act and its order supersedes the order of a single
member made under section 9 that is the subject of the
hearing and review. 1971, c. 51, s. 10.
11. If a person is convicted of a criminal offence in conviction
respect of an act or omission on which a claim under this conclusive
Act is based, proof of the conviction shall, after the time*
for an appeal has expired or, if an appeal was taken, it
was dismissed and no further appeal is available, be taken
as conclusive evidence that the offence has been committed.
1971, c. 51. s. 11.
12. All hearings shall be held in public except where, in ^®^°**
the opinion of the Board, it is necessary to hold the hearing open to
in camera for the reason that a public hearing, exceptions
910 Chap. 82 COMPENSATION FOR VICTIMS OF CRIME Sec. 12 (a)
(«) would be prejudicial to the trial of the person
whose act or omission caused the injury or death; or
{b) would not be in the interests of the victim, or of the
dependants of the victim, of an alleged sexual offence.
1971, c. 51. s. 12.
ofe'videnc°e" ^^* — (^^ ^^^ Board may make an order prohibiting the
publication of any report or account of the whole or any
part of the evidence at a hearing where the Board considers
it necessary but in making an order under this subsection
the Board shall have regard to the desirability of permitting
the public to be informed of the principles and nature of
each case.
Offence (2) Any person who publishes a report or account of any
evidence at a hearing contrary to an order of the Board
under subsection (1) is guilty of an offence and on conviction is
liable to a fine of not more than $2,000 or to imprisonment for a
term of not more than one year, or to both.
Corporations (3) Where a corporation is convicted of an offence under sub-
section (2), the maximum penalty that may be imposed upon the
corporation is $25,000 and not as provided therein. 1971, c. 51,
s. 13.
Interim
compensa-
tion
Service
Idem
14. Where,
{a) the applicant is in actual financial need ; and
{b) it appears to the Board that it will probably
award compensation to the appHcant,
the Board may, in its discretion, order interim payments
to the applicant in respect of maintenance and medical
expenses and, if compensation is not awarded, the amount
so paid is not recoverable from the applicant. 1971, c. 51,
s. 14.
15. — (1) Any notice or document required to be served
under this Act or the regulations is sufficiently served if
delivered personally or sent by registered mail addressed to
the person upon whom service is required to be made at the
latest address for service appearing on the records of the
Board.
(2) Where any notice or document mentioned in subsection (1)
is served by registered mail, the service shall be deemed to be
made on the third day after the day of mailing unless the person to
be served did not, acting in good faith, through absence, accident,
illness or other cause beyond his control, receive the notice
or document or receive it until a later date.
Sec. 19 (2) COMPENSATION FOR VICTIMS OF CRIME Chap. 82 911
(3) Notwithstanding subsections (1) and (2), the Board may Exception
order any other method of service of any notice or document
mentioned in subsection (1). 1971, c. 51, s. 15.
16. — (1) An order for compensation may be made whether ^^p^°»^
or not any person is prosecuted for or convicted of the offence dependent
. on & COD-
giving rise to the injury or death but the Board may, on itsviction
own initiative or upon the appHcation of the Minister,
adjourn its proceedings pending the final determination of
a prosecution or intended prosecution.
(2) Notwithstanding that a person for any reason is legally f^^^^
incapable of forming criminal intent, he shall, for the ^ea
purposes of this Act, be deemed to have intended an act or
omission that caused injury or death for which compensation
is payable under this Act. 1971, c. 51, s. 16.
17. — (1) In determining whether to make an order for^j°^^«**-
compensation and the amount thereof, the Board shall have Board
regard to all relevant circumstances, including any behaviour
of the victim that may have directly or indirectly contributed
to his injury or death. 1971, c. 51, s. 17 (1).
(2) The Board may, in its discretion, refuse to make an i<i«™
order for compensation where it is satisfied that the appUcant
has refused reasonable co-operation with, or failed to report
promptly the offence to, a law enforcement agency. 1973,
c. 34, s. 1.
(3) In assessing pecuniary loss, the Board shall take into wem
consideration any benefit, compensation or indemnity payable
to the applicant from any source. 1971, c. 51, s. 17 (2).
18. The Board may order comjjensation to be paid in ajo^^
lump sum or in periodic payments, or both, as the Board tion
thinks fit. 1971, c. 51, s. 18.
19. — (1) The amount awarded by the Board to be paid in ^j^^"^
respect of the injury or death of one victim shall not
exceed,
(a) in the case of lump sum payments, $15,000; and
(6) in the case of periodic payments, $500 per month,
and where both lump sum and periodic payments are awarded,
the lump sum shall not exceed half of the maximum therefor
prescribed in clause (a).
(2) The total amount awarded by the Board to be paid to fSS^j"™
all appUcants in respect of any one occurrence shall not exceed, ^ymenu
occurrence
912 Chap. 82 COMPENSATION FOR VICTIMS OF CRIME Sec. 19 (2)
(a) in the case of lump sum payments, a total of
$100,000; and
(b) in the case of periodic payments, a total of
$175,000.
Pro rata
distribution
(3) Where the total amount awarded in respect of any one
occurrence exceeds the maximum amount prescribed by sub-
section (2), the amount prescribed shall be distributed pro
rata in proportion to the amounts of the awards that would
otherwise have been made.
Acts deemed
an
occurrence
(4) For the purposes of this section, the Board may deem
more than one act to be one occurrence where the acts have
a common relationship in time and place.
Application (5) Subscctiou (1) does not apply to amounts awarded in respect
(1) and (2) of an injury or death incurred under clause 5 (b) or (c) and such
amounts shall not be taken into account for the purposes of
subsection (2). 1971, c. 51, s. 19.
Award not
subject to
garnish-
ment,
etc.
20. Any money paid or payable by way of compensation
under this Act or held by the Public Trustee or other person under
an order made by the Board under subsection 2 1 (3) is not subject
to garnishment, attachment, execution, set-off or any other legal
process and the right thereto is not assignable. 1973, c. 34, s. 2.
o°^men1; ^^' — ^^^ ^^ order for the payment of compensation may be
made subject to such terms and conditions as the Board
thinks fit,
(a) with respect to the payment, disposition, allotment
or apportionment of the compensation ; or
(b) as to the holding of the compensation or any part
thereof in trust for the victim or the dependants,
or any of them, whether as a fund for a class
or otherwise.
Idem
(2) Any compensation payable for expenses under section 7
may, in the discretion of the Board, be paid directly to
the p)erson entitled thereto. 1971, c. 51, s. 20.
Payments
incase of
minor, etc.
(3) If a person entitled to an award under this Act is
under the age of eighteen years or is of unsound mind or
in the opinion of the Board is incapable of managing his
. own affairs, any amount payable to him may be paid on
his behalf to his parent, spouse or committee or to the Public
Sec. 26 (2) COMPENSATION FOR VICTIMS OF CRIME Chap. 82 913
Trustee or may be paid to such other person or applied in
such manner as the Board considers in the best interest of
such person, and amounts so paid shall be received and
administered by the payee for the benefit of the person.
1973. c. 34, s. 3.
22. Notwithstanding section 19, the Board may, with ^^^**
respect to any hearing or other proceeding under this Act,
make such order as to costs as it thinks fit. 1971, c. 51,
s. 21.
23. Subject to section 25, a decision of the Board is final Appeal
except that an appeal lies to the Divisional Court from any deci-
sion of the Board on any question of law. 1971, c. 51, s. 22.
24. The Board shall, upon request, release documents and ^2^^^^°*^
things put in evidence at a hearing to the lawful owner or
the person entitled to possession thereof within a reasonable
time after the matter in issue has been finally determined.
1971. c. 51, s. 23.
25. — (1) The Board may at any time on its own initiative or oniwj^°
on the application of the victim, any dependant of the
victim, the Minister or the offender, vary an order for
payment of compensation in such manner as the Board thinks
fit, whether as to terms of the order or by increasing or
decreasing the amount ordered to be paid, or otherwise.
(2) In proceedings under subsection (1), the Board shall con- wem
sider,
(a) any new evidence that has become available ;
{b) any change of circumstances that has occurred since
the making of the order or any variation thereof,
as the case may be, or that is Ukely to occur ; and
(c) any other matter the Board considers relevant.
(3) This Act, except section 6, applies to a review under sub- S^!!^'^-
section (1) in the same manner as to an application for compensa- review
tion. 1971, c. 51, s. 24.
26.— (1) Subject to subsecUons (2), (3) and (4), nothing in this J|.^ceedin«8
Act affects the right of any person to recover from any other person
by civil proceedings damages in respect of the injur>^ or death.
(2) The Board is subrogated to all the rights of the person subrogation
to whom payment is made under this Act to recover
914
Chap. 82 COMPENSATION FOR VICTIMS OF CRIME Sec. 26 (2)
damages by civil proceedings in respect of the injury
or death and may maintain an action in the name of such
person against any person against whom such action hes,
and any amount recovered by the Board shall be applied,
(a) first, to payment of the costs actually incurred
in the action and in levying execution ; and
{b) second, to reimbursement of the Board for the value
of the compensation awarded,
and the balance, if any, shall be paid to the person whose
rights were subrogated.
Settlement
Civil
actions
(3) Any settlement or release does not bar the rights
of the Board under subsection (2) unless the Board has concurred
therein.
(4) An applicant for or a person awarded compensation
shall forthwith notify the Board of any action he has brought
against the offender who caused the injury or death of the
victim. 1971,c. 51,s. 25.
Payment of 27. — ( 1) Compensation ordered to be paid shall be paid out of
CO XUPG DS8i~
tion the moneys appropriated therefor by the Legislature.
Disposition (2) Any reimbursement to the Board under section 26 shall be
of money ' -'
recovered paid into the Consolidated Revenue Fund. 1971, c. 51, s. 26.
Regvaations 28. The Lieutenant Governor in Council may make regula-
tions,
(a) prescribing rules of practice and procedure in
respect of applications to the Board and proceedings
of the Board ;
(b) requiring the payment of fees in respect of any
matter in the jurisdiction of the Board, including
witness fees, and prescribing the amounts thereof;
(c) prescribing forms for the purposes of this Act
and providing for their use ;
Agreements
with Canada
(d) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
1971, c. 51, s. 27.
29. The Crown in right of Ontario represented by the
Minister, with the approval of the Lieutenant Governor in
Council, may make agreements with the Crown in right of
Sec. 29 COMPENSATION FOR VICTIMS OF CRIME Chap. 82 915
Canada respecting the payment by Canada to Ontario of
such part of the expenditures required for the purposes
of this Act as is agreed upon. 1971, c. 51, s. 28.
Sec. 1 (g) COMPULSORY AUTOMOBILE INSURANCE Chap. 83 917
CHAPTER 83
Compulsory Automobile Insurance Act
1 . In this Act, interpre-
tation
(a) "agent" means an agent or broker within the meaning of
the Insurance Act who is authorized to solicit automobile R so. i980,
c. 218
msurance;
{b ) "Association" means the Facility Association referred to
in subsection 7 (1);
(c) "automobile insurance" means insurance against liabil-
ity arising out of bodily injury to or the death of a person
or loss of or damage to property caused by a motor
vehicle or the use or operation thereof, and which,
(i) insures at least to the limit required by section 219
of the Insurance Act,
(ii) provides the benefits prescribed in Schedule C to
the Insurance Act, and
(iii) provides the benefits prescribed under section
231 of the Insurance Act;
id) "driver's licence" has the same meaning as in the
Highway Traffic Act; R s^o. i980.
(e) "highway" has the same meaning as in the Highway
Traffic Act;
(J) "insurance card" means,
(i) a Motor Vehicle Liability Insurance Card in the
form approved by the Superintendent,
(ii) a policy of automobile insurance or a certificate
of a policy in the form approved by the Superin-
tendent, or
(iii) such evidence of insurance as is prescribed by the
regulations;
(g) "insurer" means an insurer licensed under the Insurance
Act and carrying on the business of automobile insur-
918
R.S.O. 1980,
c. 400
R.S.O. 1980,
c. 198
Chap. 83 COMPULSORY AUTOMOBILE INSURANCE Sec. 1 (g)
ance, but does not include an insurer whose hcence is
limited to contracts of reinsurance;
(h) "justice" means a justice under the Provincial Offences
Act;
(i) "motor vehicle" has the same meaning as in the Highway
Traffic Act and includes trailers and accessories and
equipment of a motor vehicle;
ij) "Plan" means the Plan of Operation referred to in sub-
section 7 (3);
(k) "police officer" means a chief of police or other police
officer or constable or a person appointed under section
194 of the Highway Traffic Act for the purpose of carry-
ing out the provisions of that Act;
(/) "Registrar" means the Registrar of Motor Vehicles;
(m) "regulations" means the regulations made under this
Act;
(n) "Superintendent" means the Superintendent of Insur-
ance. 1979, c. 87, s. 1.
Compulsory
automobile
insurance
Interpre-
tation
2. — (1) Subject to the regulations, no owner of a motor vehicle
shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,
on a highway unless the motor vehicle is insured under a contract
of automobile insurance.
(2) For the purposes of subsection (1), where a permit for a
motor vehicle has been issued under subsection 7 (3) of the High-
way Traffic Act, "contract of automobile insurance" with respect
to that motor vehicle means a contract of automobile insurance
made with an insurer.
Offence (3) Evcry owner of a motor vehicle who,
(a) contravenes subsection (1) of this section or subsection
13 (2); or
(b) surrenders an insurance card for inspection to a police
officer, when requested to do so, purporting to show that
Sec. 2 (9) COMPULSORY AUTOMOBILE INSURANCE Chap. 83 919
the motor vehicle is insured under a contract of
automobile insurance when the motor vehicle is not so
insured,
is guilty of an offence and on conviction is liable to a fine of not less
than $500 and not more than $2,500 and, in addition, his driver's
licence may be suspended for a period of not more than one year.
(4) Where a justice makes a conviction under subsection (3) and Just'« to
the driver's licence of the person convicted is suspended by the possession
justice, the justice shall take the driver's licence and forward it to j*/ j||J^^'' *
the Registrar.
(5) Where a driver's licence is suspended under this section and poI'"
the person to whom the suspension applies refuses or fails to may secure
surrender his licence to the justice forthwith, any police officer possession
may, and upon the direction of the Registrar shall, take possession
of the licence and forward it to the Registrar.
(6) Every person who fails or refuses to surrender his driver's Offence
licence when required by a police officer under subsection (5) is
guilty of an offence and on conviction is liable to a fine of not more
than $100.
(7) In the event of a conviction under subsection (3), the justice impounding
, , , ... V /> J motor vehicle
may order that the motor vehicle,
(a) that was operated in contravention of subsection (1);
(b) for which a false statement in respect of insurance was
made in contravention of subsection 13 (2); or
(c) for which an insurance card was produced in contra-
vention of clause (3) (b),
shall be seized, impounded and taken into the custody of the law
for a period of not more than three months.
(8) All costs and charges for the care and storage of the motor Cost of
vehicle are a lien upon the motor vehicle that may be enforced in
the manner provided by section 52 of the Mechanics' Lien ^^^ RS^o. i980,
(9) If the person convicted under subsection (3) gives security to 1^^^^^ °n
the satisfaction of the convicting justice, by bond, recognizance or security pven
otherwise, that the motor vehicle will not be operated upon a**^ "*""
highway during the period specified by the justice in making an
order under subsection (7), the motor vehicle may be released to
the owner, and if the motor vehicle is operated upon a highway
during such period it shall be deemed to have been operated
without a permit, as defined in clause 6 (1) {d) of the Highway ^^^o. i980.
Traffic Act.
910
Three year
limitation
period
Operator
to carry
insurance
card
Offence
Particulars
to be
disclosed
Interpre-
tation
Obligations
of agents
Chap. 83 COMPULSORY AUTOMOBILE INSURANCE Sec. 2 (10)
(10) Proceedings may be commenced at any time within three
years after the date on which an offence was, or is allegcjd to have
been committed under subsection (1) or clause (3) (b) or subsection
13 (2). 1979, c. 87, s. 2.
3. — (1) An operator of a motor vehicle on a highway shall have
in the motor vehicle at all times,
(a) an insurance card for the motor vehicle; or
(6) an insurance card evidencing that the operator is insured
under a contract of automobile insurance,
and the operator shall surrender the insurance card for reasonable
inspection upon the demand of a police officer.
(2) A person who contravenes subsection (1) is guilty of an
offence and on conviction is liable to a fine of not more than
$200. 1979, c. 87, s. 3.
4. — (1) An operator of a motor vehicle on a highway who is
directly or indirectly involved in an accident shall, on the request
of any person directly or indirectly involved in the accident,
disclose to the person the particulars of the contract of automobile
insurance insuring the motor vehicle.
(2) For the purposes of subsection (1), "particulars of the con-
tract of automobile insurance" means,
(a) the name and address of the insured;
(b) the make, model and serial number of the insured
vehicle;
(c) the effective date and expiry date of the contract;
(d) the name of the insurer;
(e) the name of the insurer's agent, if any; and
(f) the policy number of the contract. 1979, c. 87, s. 4.
5. An agent shall,
(a) provide to an owner of a motor vehicle who is a resident
of Ontario an application for automobile insurance; and
(6) submit to an insurer a completed application for
automobile insurance,
when requested to do so by the owner of a motor vehicle.
1979, c. 87, s. S.
Sec. 8 (1) COMPULSORY AUTOMOBILE INSURANCE Chap. 83 921
C — (1) An insurer shall issue, or cause its agent to issue, an insurance
insurance card to a person with whom a contract of automobile be issued
insurance is made or whose contract of automobile insurance is
renewed.
(2) No insurer or its agent shall, on an insurance card, specify M'srepresent-
1 I'll e aHons
an effective date earlier than the date on which the contract of
automobile insurance was actually made or misrepresent in any
other way the particulars of the automobile insurance. 1979,
c. 87, s. 6.
7. — (1) The Facility Association established as an unincorpo- Facility
r 1 T.I /^ I Association
rated non-profit association of insurers under The Compulsory continued
Automobile Insurance Act, 1979, is continued. 1979, c. 87,i979,c.87
s. 7 (1), revised.
(2) Every insurer is a member of the Association and shall be Membership
bound by the articles of association and by-laws of the Associa-
tion.
(3) The Association shall, in its articles of association, establish The Plan
a plan, to be known as the Plan of Operation, for providing a
contract of automobile insurance to owners and licensed drivers of
motor vehicles who, but for the Plan, would be unable to obtain
such insurance.
(4) The Association shall ensure, through its members, that a Du*>;.|'^'^.^^
contract of automobile insurance is provided with respect to every
application for automobile insurance submitted under the Plan to
an insurer under clause 5 (b).
(5) Where an agent submits an application under the Plan to an Agents bound
insurer, he shall be bound by the applicable articles of association articles of
and by-laws of the Association. etc.
(6) For the purposes of Part XVIII of the Insurance Act, the^^^d^^
Association shall be deemed to be a person engaged in the business purposes of
. . R.S.O. 1980,
of insurance. c 2 is.
Part XVUI
(7) The Association may, in its name, anJag'ain^t
Association
(a) be prosecuted for an offence under this Act or Part
XVIII of the Insurance Act; and
{b) sue and be sued. 1979, c. 87, s. 7 (2-7).
8. — (1) The affairs of the Association shall be administered by J^^'[J^°^
a board of directors established in accordance with its articles of
association.
f29 Chap. 83 COMPULSORY AUTOMOBILE INSURANCE Sec. 8 (2)
Information (2) The Association shall notify the Superintendent of the
to be 1 . 1 /- 1 11 1
provided to names and residence addresses of the persons elected or appointed
Superintendent ^ officers and directors of the Association forthwith after such
election or appointment, and such names and addresses may be
made available to the public by the Superintendent.
Service on (3) Scrvicc on the directors or officers of the Association, or any
Association
of them , is good and sufficient service on the Association , and such
service may be by personal service or by registered mail.
Idem (4) Where service on the Association is made by registered mail
on a director or officer of the Association under subsection (3), the
service shall be deemed to have been made on the fifth day after
the day of mailing unless the notice is not delivered or the director
or officer to whom notice is given establishes that he did not,
acting in good faith, through absence, accident, illness or other
cause beyond his control, receive the notice until a later date.
1979, c. 87, s. 8.
By-laws 9, — (1) The Association may pass by-laws relating to its affairs
and not inconsistent with this Act or the regulations,
(a) providing for the execution of documents by the Associ-
ation;
(b) respecting banking and finance;
(c) fixing the financial year of the Association and providing
for the audit of the accounts and transactions of the
Association;
{d) providing for the appointment and remuneration of
officers and employees of the Association;
(e) respecting the calling, holding and conducting of meet-
ings of the Association and the duties of members of the
Association;
if) delegating to an operating committee such powers and
duties of the board of directors as are set out in the
by-law, other than the power to make, amend or revoke
by-laws;
(g) prescribing forms and providing for their use;
Qi) respecting management of the property of the Associa-
tion;
(i) respecting the application of the funds of the Association
and the investment and reinvestment of any of its funds
not immediately required and for the safekeeping of its
securities;
Sec. 10 (S) COMPULSORY AUTOMOBILE INSURANCE Chap. 83 923
0) imposing assessments on members of the Association for
the purpose of meeting the operating costs of the Associ-
ation and the Plan and providing for the collection of
such assessments;
(k) prescribing rules and procedures related to the operation
of the Plan; and
(/) respecting all of the things that are considered necessary
for the operation of the Plan, the attainment of the
objects of the Association and the efficient conduct of its
affairs.
(2) Any power of the Association that may be exercised by Abides
by-law under subsection (1) may be provided for in the articles of LsociaUon
association of the Association. 1979, c. 87, s. 9.
10. — (1) Every by-law and every amendment, revision orF'i'ngof
consolidation of the articles of association or by-laws of the fclT^c'ierof
Association shall be filed by the Association with the Superin- ^^*^'j<'"
tendent at least thirty days prior to the effective date of the by-law
or the amendment, revision or consolidation of the articles of
association or by-laws.
(2) No by-law and no amendment, revision or consolidation of -^pp^^^^
the articles of association or by-laws of the Association shall come
into effect unless they are approved by the Superintendent.
(3) The Association shall prepare and promulgate rates in f"'''"« °^
respect of contracts provided under the Plan and shall file the
rates, together with the statistical evidence and any other infor-
mation relative to the determination of the rates, with the
Superintendent at least sixty days prior to the introduction of the
rates.
(4) Within sixty days of a filing being made under subsection Duty of
(3), the Superintendent shall, by order, toafiow or *"
disallow
rates
(a) approve the rates so filed; or
(6) disallow the rates so filed, where, in the opinion of the
Superintendent, the rates are not in accordance with
statistical evidence or experience or other justifiable
factor.
(5) Where, in the opinion of the Superintendent, any rates filed variation
under subsection (3) are not in accordance with statistical evidence
or experience or other justifiable factor, he may, by his order
under clause (4) (a), approve the rates subject to such variation as
may be prescribed in the order.
924
Chap. 83 COMPULSORY AUTOMOBILE INSURANCE SeC. 10 (6)
Effective
date of
an order
(6) An order made under this section does not take effect until
ten days after the date on which it is served on the Association.
Appeal (7) The Association may appeal an order made under this sec-
tion to the Divisional Court.
St«y (8) Notwithstanding that an appeal is taken under this section,
the order appealed from takes effect, but the court may grant a
stay until disposition of the appeal.
Certification (9) xhe Superintendent shall certify to the registrar of the court,
of documents v / i- jo >
(a) the decision of the Superintendent, together with any
statement of reasons therefor;
(b) the record of any proceedings before the Superintendent;
and
(c) all written submissions to the Superintendent or other
material that is relevant to the appeal.
Superintendent (jQ) The Superintendent is entitled to be heard by counsel or
entitled to . ^ , , , .
be heard Otherwise upon the argument of an appeal under this section.
Powers of
court
(11) Where an appeal is taken under this section, the court may
by its order direct the Superintendent to make such decision or to
do such other act as the Superintendent is authorized and empow-
ered to do under this Act or the regulations and as the court
considers proper, having regard to the material and submissions
before it and to this Act and the regulations, and the Superinten-
dent shall make such decision or do such act accordingly.
Further
decisions
(12) Notwithstanding an order of the court on an appeal, the
Superintendent may make any further decision upon new material
or where there is a significant change in the circumstances, and
every such decision is subject to this section.
(13) The Regulations Act does not apply to an order of the
1979, c. 87, s. 10.
R.S.O. 1980,
r 446 do^6s
not apply Superintendent made under this section.
Furnishing
of information
to
Superinten-
dent,
annujil report
1 1 . The members of the board of directors and the officers and
employees of the Association shall furnish the Superintendent
with such information and financial statements with respect to the
Association and the Plan as the Superintendent may from time to
time require, and the Superintendent shall make an annual report
to the Minister of Consumer and Commercial Relations on the
affairs of the Association and the Minister shall then lay the report
before the Assembly if it is in session or, if not, at the next ensuing
session. 1979, c. 87, s. 11.
Sec. 14 (2) COMPULSORY AUTOMOBILE INSURANCE Chap. 83 925
1 2. — ( 1) Where a contract of automobile insurance has been in Termination
effect for more than sixty days, the insurer may only terminate the of insurance
contract under Statutory Condition 8 of section 207 of the Insur- R so. i98o,
ance Act for one or more of the following reasons: ^' ^'*
1 . Non-payment of, or any part of, the premium due under
the contract or of any charge under any agreement
ancillary to the contract.
2. The insured has given false particulars of the described
automobile to the prejudice of the insurer.
3. The insured has knowingly misrepresented or failed to
disclose in an application for insurance any fact required
to be stated therein.
4. For a material change in risk within the meaning of
Statutor\' Condition 1 of the said section 207.
(2) Subsection (1) does not apply to, Exception
(a) an insurer running off its business, where the insurer has
specific approval of the Superintendent to cancel a con-
tract; or
(b) a contract in respect of a motor vehicle used in the course
of carrying on a business, trade or profession. 1979,
c. 87, s. 12.
1 8. — ( 1) Every person making an application for the issuance. Certificate
validation or transfer of a permit for a motor vehicle shall certify,
in the form prescribed by the regulations, that the motor vehicle is
insured under a contract of automobile insurance and the Regis-
trar, notwithstanding subsection 7 (3) of the Highway Traffic Act, R so. i980,
shall not issue, validate or transfer the permit for the motor
vehicle, where such certificate of insurance is not provided to the
Registrar.
(2) No person shall knowingly make a false statement in the J^jj^*^^ ^"^
certificate of insurance required under subsection (1). 1979, statement
c. 87, s. 13.
14. — (1) Except where otherwise provided, every person and ^^^'2^,^
every director or officer of an insurer who commits an act contrary
to, or fails or neglects to comply with, any provision of this Act or
the regulations is guilty of an offence and on conviction is liable to
a fine of not more than $2,500.
(2) Where an insurer is convicted of an offence under subsec- Contravention
tion (1), the minimum penalty that may be imposed upon the ■ '"*""^'
insurer is $5,000 and the maximum penalty that may be imposed
upon the insurer is $50,000 and not as provided therein.
9!^ Chap. 83 COMPULSORY AUTOMOBILE INSURANCE SeC. 14 (3)
or
oi' licence
of insurer
Suspension (3) In addition to any penalty imposed under this Act, where an
anceiiation insurer contravcnes this Act or the regulations, the Lieutenant
Governor in Council may, by order and upon the report of the
Superintendent, suspend or cancel the licence of the insurer
R.s.o. 1980, issued under the Insurance Act.
c. 218
Contravention (4) Where the Association commits an act contrary to, or fails or
Association neglects to complv with, any provision of this Act or the regula-
tions, it is guilty of an offence and on conviction is liable to a fine of
not less than $5,000 and not more than $50,000. 1979, c. 87,
s. 14.
Regulations 15. The Lieutenant Governor in Council may make regula-
tions,
(a) exempting any person or group of persons from the
provisions of this Act, subject to such conditions as
are set out in the regulations;
(b) prescribing identifying markers for all automobiles
licensed in Ontario and providing for their use;
(c) prescribing documents that may be accepted as evi-
dence of the existence of a contract of automobile insur-
ance in lieu of a Motor Vehicle Liability Insurance Card,
policy of automobile insurance or certificate of a policy;
(d) prescribing the type of statistical evidence and other
information to be filed in support of rates under subsec-
tion 10 (3); and
(e) prescribing forms and providing for their use. 1979,
c. 87, s. 15.
Sec. 1 (1) (/j) CONDOMINIUM Chap. 84 927
CHAPTER 84
Condominium Act
1.— (1) In this Act, £^„^''«-
(a) "auditor" means a person licensed as a public
accountant under the Public Accountancy Act; f 40^ ''*°'
{b) "board" means the board of directors of a corporation ;
(c) "buildings" means the buildings included in a
property ;
{d) "bureau" means the corporation designated under
section 56;
{e) "by-law" means a by-law of a corporation;
(/) "claim" includes a right, title, interest, encumbrance,
or demand of any kind affecting land, but does not
include the interest of an owner in his unit and
common interest ;
(g) "common elements" means all the property except
the units ;
(h) "common expenses" means the expenses of the
performance of the objects and duties of a corporation
and any expenses specified as common expenses in
this Act or in a declaration ;
(t) "common interest" means the interest in the common
elements appurtenant to a unit ;
(J) "common surplus" means the excess of all receipts
of the corporation over the expenses ;
{k) "corporation" means a corporation created by this
Act;
93i$ Chap. 84 CONDOMINIUM Sec. 1(1) (/)
(/) "declarant" means the owner or owners in fee simple
of the land described in the description at the time
of registration of a declaration and description of the
land, and includes any successor or assignee of such
owner or owners but does not include a bona fide
purchaser of a unit who actually pays fair market
value or any successor or assignee of such purchaser ;
[m) "declaration" means the declaration specified in
section 3, and includes any amendments;
(w) "description" means the description specified in
section 4;
(o) "encumbrance" means a claim that secures the
payment of money or the performance of any other
R so. 1980, obligation, and includes a charge under the Land
Titles Act, a mortgage and a lien;
230
{P ) ' 'mortgage ' ' includes charge and ' ' mortgagee ' ' includes
chargee ;
{q) "owner" means the owner or owners of the freehold
estate or estates in a unit and common interest,
but does not include a mortgagee unless in possession ;
{r) "prescribed" means prescribed by the regulations;
(s) "property" means the land and interests appur-
tenant to the land described in the description, and
includes any land and interests appurtenant to land
that are added to the common elements;
{t) "proposed unit" means land described in an agree-
ment of purchase and sale that provides for
delivery to the purchaser of a deed or transfer
capable of registration after a declaration and
description have been registered in respect of
the land ;
(w) "records" includes those items enumerated in subsection
26 (3) and financial records prepared on behalf of the
corporation, minutes of owners' meetings and board
meetings, as well as any amendments to the declaration,
by-laws and rules;
Sec. 2 (3) CONDOMINIUM Chap. 84 929
(v) "registered" means registered under the Land^^^^^^'
Titles Act or the Registry Act;
{w) "regulations" means the regulations made under
this Act ;
{x) "special by-law" means a by-law that is not effective
until it is,
(i) passed by the board, and
(ii) confirmed, with or without variation, by
owners who own not less than two-thirds of
the units at a meeting duly called for that
purpose ;
iy) "surveyor" means an Ontario land surveyor registered
under the Surveyors Act; f 49^ ''*°'
(2) "unit" means a part or parts of the land included in
the description and designated as a unit by the
description, and comprises the space enclosed by its
boundaries and all the material parts of the land
within this space in accordance with the declaration
and description.
(2) For the purposes of this Act, the ownership of land Srian"*^^
includes the ownership of space. 1978, c. 84, s. 1.
DECLARATION AND DESCRIPTION
2. — (1) A property shall comprise only freehold land and ^^^^
interests, if any, appurtenant to that land.
(2) A declaration and description may be registered by or J^g^^
on behalf of the owner in fee simple of the land described in
the description.
(3) Where the land and the interests appurtenant to the ^^^^^^
land described in the description are not entirely within divtsion
one land titles or registry division or not entirely under
the Land Titles Act or the Registry Act, the description
shall not be registered. 1978, c. 84, s. 2 (1-3).
930 Chap. 84 CONDOMINIUM Sec. 2 (4)
reKraWon ^"^^ Upon registration of a declaration and description,
the land and the interests appurtenant to the land described
in the description are governed by this Act. 1978, c. 84,
s. 2 (6).
d^aration ^* — (^^ ^ declaration shall not be registered unless it is
must contain executed by the owner or owners of the land and interests
appurtenant to the land described in the description and
unless it contains,
(a) a statement of intention that the land and interests
appurtenant to the land described in the description
be governed by this Act ;
(b) the consent, in the prescribed form, of every per-
son having a registered mortgage against the land
or interests appurtenant to the land described
in the description ;
(c) a statement, expressed in percentages, of the propor-
tions of the common interests;
(d) a statement, expressed in percentages allocated
to the units, of the proportions in which the owners
are to contribute to the common expenses;
{e) an address for service and a mailing address for
the corporation; and
(/) a specification of any parts of the common elements
that are to be used by the owners of one or more
designated units and not by all the owners.
Where consent (2) The consent mentioned in clause (1) (b) shall not be
withheld withheld by reason only of the failure of the proposed declarant to
enter into a specified number of agreements of purchase and sale
for the sale of proposed units.
What (3) In addition to the matters mentioned in subsection (1),
may contain and in any other section in this Act, a declaration may
contain,
{a) a specification of common expenses;
(6) provisions respecting the occupation and use of the
units and common elements;
Sec. 4 (1) CONDOMINIUM Chap. 84 931
(c) provisions restricting gifts, leases and sales of the
units and common interests ;
(d) a specification of duties of the corporation consistent
with its objects; and
{e) a specification of any allocation of the obligations
to repair and to maintain the units and common
elements.
(4) Subject to subsection (5), the declaration may be Amendment
amended only with the consent of all owners and all persons declaration
having registered mortgages against the units and common
interests.
(5) \Vhere any provision in a declaration or by-law is J^^°°**"-
inconsistent with the provisions of this Act , the provisions proviaions
of this Act shall prevail and the declaration or by-law is
deemed to be amended accordingly.
(6) When a declaration is amended, the corporation shall Resristration
register a copy of the amendment executed by all the owners
and all persons having registered mortgages against the
units and common interests, and until the copy is registered
the amendment is ineffective.
(7) Notwithstanding subsections (4) and (6), the corporation ^J^IfJr
may by resolution of the board change its address for service service
and its mailing address and the change does not take effect
until a notice thereof in the prescribed form is registered.
(8) The corporation, on at least seven days notice to every ^^®^®°'
owner and mortgagee, or an owner, on at least seven days
notice to the corporation and every other owner and mortgagee,
may apply to a judge of the county or district court for an
order amending the declaration or description and the judge,
if he is satisfied that an amendment is necessary or desirable
to correct an error or inconsistency in the declaration or
description or arising out of the carrying out of the intent
and purpose of the declaration or description, may make the
order.
(9) An amendment to a declaration or description made ReariBtrauon
by an order under subsection (8) is ineffective until a certified
copy of the order is registered. 1978, c. 84, s. 3.
4. — (1) A description shall contain, description
most contain
^2 Chap. 84 CONDOMINIUM Sec. 4 (1) (a)
(a) a plan of survey showing the perimeter of the
horizontal surface of the land and the perimeter of
the buildings;
(6) structural plans of the buildings ;
(c) a specification of the boundaries of each unit by
reference to the buildings;
(d) diagrams showing the shape and dimensions of each
unit and the approximate location of each unit in
relation to the other units and the buildings;
(e) a certificate of a surveyor that the buildings have
been constructed and that the diagrams of the units
are substantially accurate and substantially in
accordance with the structural plans; and
(/) a description of any interests appurtenant to the
land that are included in the property,
prepared in accordance with the regulations.
descHption (^) ^ description shall not be registered unless it has been
approved in accordance with the regulations. 1978, c. 84,
s. 4.
REGISTRATION
^*" 5. — {1) Every land registrar in whose office a declaration
and description are registered shall keep an index in the
prescribed form to be known as the "Condominium Corpora-
tions Index".
offices"*^ (2) Where a land titles office is combined with a registry
office, one index under subsection (1) shall be kept for all
declarations and descriptions registered in the combined
offices.
Regfster'^^"'" (^) Every land registrar in whose office a declaration and
description are registered shall keep a register in the pre-
scribed form to be known as the "Condominium Register".
to^vern (^) Declarations, descriptions, by-laws, notices of termi-
registrations, nation, and other instruments respecting land governed by
Sec. 7 (6) CONDOMINIUM Chap. 84 933
this Act shall be registered and recorded in the Condominium
Register in accordance with this Act and the regulations, but,
except as otherwise provided by this Act and the regulations,
the Land Titles Act or the Registry Act, as the case may be, R^o 1980,
applies in respect of property governed by this Act. 1978,
c. 84, s. 5.
UNITS AND COMMON ELEMENTS
6. — (1) Units and common interests are real property for Nature of
^ ' f r J units and
all purposes. common
'^ '^ Interests
(2) Subject to this Act, the declaration and the by-laws, owneraWp
each owner is entitled to exclusive ownership and use of his
unit.
(3) No condition shall be permitted to exist and no activity ^t^vfties'
shall be carried on in any unit or the common elements that
are likely to damage the property.
(4) The corporation or any person authorized by the cor- f^^^
htto
ry
poration may enter any unit at any reasonable time to
perform the objects and duties of the corporation. 1978,
c. 84. s. 6.
7. — (1) The owners are tenants in common of the common o^colSSin
elements. elements
(2) An undivided interest in the common elements isiif^re8°t8
appurtenant to each unit.
(3) The proportions of the common interests are those Proportions
expressed in the declaration.
(4) Each owner may make reasonable use of the common ^^°1„„
^ ' J -111 common
elements subject to this Act, the declaration, the by-laws elements
and the rules.
(5) The ownership of a unit shall not be separated from J^^"^!*
the ownership of the common interest, and any instrument separated
that purports to separate the ownership of a unit from a
common interest is void.
(6) Except as provided by this Act, the common elements NodiviBion
shall not be partitioned or divided.
934
Chap. 84
CONDOMINIUM
Sec. 7 (7)
brancesnot (^) ^'^ encumbrance is enforceable against the common
enforceable elements after the declaration and description are registered.
Saving (8) Where, but for subsection (7), an encumbrance would be
enforceable against the common elements, the encumbrance
is enforceable against all the units and common interests.
Discharge
(9) Any unit and common interest may be discharged
from such an encumbrance by payment to the claimant of
a portion of the sum claimed, determined by the proportions
specified in the declaration for sharing the common interests.
Idem
(10) Upon payment of a portion of the encumbrance suffi-
cient to discharge a unit and common interest, and upon
demand, the claimant shall give to the owner a discharge
of that unit and common interest in accordance with the
regulations.
Assessment
R SO. 19,s()
c. ^\
(11) For the purposes of municipal assessment and taxa-
tion, each unit and common interest constitute a parcel, and
the common elements do not constitute a parcel except for
those parts of the common elements that are leased for
business purposes under section 9 upon which the lessee
carries on an undertaking for gain that will constitute separate
parcels for business assessment under the Assessment Act.
Where
corporation
deemed to
be occupier
(12) For the purpose of determining liability resulting
from breach of the duties of an occupier of land, the cor-
poration shall be deemed to be the occupier of the common
elements and the owners shall be deemed not to be occupiers
of the common elements. 1978, c. 84, s. 7.
EASEMENTS
Easements
appurtenant
to units unit ;
8. — (1) The following easements are appurtenant to each
1. Where a building or any part of a building,
{a) moves after registration of the declaration and
description; or
(b) after having been damaged and repaired, is
not restored to the position occupied at the
time of registration of the declaration and
description,
Sec. 10 (1) CONDOMINIUM Chap. 84 935
an easement for exclusive use and occupation in
accordance with this Act, the declaration and the
by-laws, over the space of the other units and
common elements that would be space included in
the unit if the boundaries of the unit were deter-
mined by the position of the buildings from time to
time after registration of the description and not at
the time of registration.
2. An easement for the provision of any service through
any installation in the common elements or any other
unit.
3. An easement for support by the common elements
and any other unit capable of providing support.
(2) The following easements are appurtenant to the com- ?^^n^nt
mon elements: to common
elements
1 . An easement for the provision of any service through
any installation in any unit.
2. An easement for support by any unit capable of
providing support. 1978, c. 84, s. 8.
9. — (1) The corporation may, by special by-law, ^dle^T
of common
(a) lease any part of the common elements, except any
part that the declaration specifies is to be used by
the owners of one or more designated units and not
by all the owners; and
(6) grant or transfer an easement or licence through
the common elements.
(2) A lease or grant or transfer or an easement or licence on'^fi°*
mentioned in subsection (1), signed by the authorized officers owners
of the corporation under its seal, affects the interest of every
owner in the common elements as if the lease, grant or
transfer had been executed by him, and shall have attached
thereto an affidavit of one of the officers stating that the
lease, grant or transfer was authorized by a special by-law
of the corporation. 1978, c. 84, s. 9.
CORPORATION
10. — (1) The registration of a declaration and description creation
creates a corporation without share capital whose members
are the owners from time to time.
936
Chap. 84
CONDOMINIUM
Sec. 10(2)
corooration (^) ^^^ ^^^^ registrar shall assign a name to each
corporation or proposed corporation in accordance with the
regulations.
(3) The Corporations Act, the Corporations Information
R.S.O. 1980,
cc 95, 96,
297 not ' Act and the provisions respecting mortmain of the Mortmain
to apply ^„^ Charitable Uses Act do not apply to the corporation. 1978,
c. 84, s. 10.
JLy*""'^ 11.— (1) The corporation shall have a seal that shall be
adopted and may be changed by resolution of the directors.
Idem
Objects
(2) The name of the corporation shall appear in legible
characters on the seal. 1978, c. 84, s. 11.
12. — (1) The objects of the corporation are to manage
the property and any assets of the corporation.
Corporation (2) The Corporation has a duty to control, manage and
administer the common elements and the assets of the con-
dominium corporation.
effeTt*° (^) '^^^ corporation has a duty to effect compliance by
compliance the owners with this Act, the declaration, the by-laws and the
rules.
Duties
(4) The declaration or the by-laws may specify duties of
the corporation consistent with its objects, responsibilities
and duties.
Right to
performance
of duties
(5) Each owner and each person having a registered
mortgage against a unit and common interest has the right
to the performance of any duty of the corporation specified
by this Act, the declaration, the by-laws and the rules.
1978, c. 84, s. 12.
Real and
personal
property
13. — (1) The corporation may own, acquire, encumber and
dispose of real and personal property for the use and
enjoyment of the property.
Interest
in assets
(2) The owners share the assets of the corporation in the
same proportions as the proportions of their common inter-
ests in accordance with this Act, the declaration and the
by-laws. 1978, c. 84, s. 13.
CO "oration ^'** — ^^^ ^^^ Corporation after giving written notice to all
owners and mortgagees may, on its own behalf and on
behalf of any owner, sue for and recover damages and costs
Sec. 15 (1) CONDOMINIUM Chap. 84 937
in respect of any damage to common elements, the assets of
the corporation or individual units, and the legal and court
costs in any such actions brought in whole or in part on
behalf of any owners in respect of their units shall be borne
by those owners in the projiortion in which their interests
are affected.
(2) The corporation after giving written notice to all w®"
owners and mortgagees may sue on its own behalf and on
behalf of any owner with respect to the common elements and
any units, notwithstanding that the corporation was not a
party to the contract in respect of which the action is brought,
and the legal and court costs in an action brought in whole or
in part on behalf of any owners in respect of their units
shall be borne by those owners in the proportion in which
their interests are affected.
(3) The notice referred to in subsections (1) and (2) is not i**®™
required to be given in respect of an action brought in
the small claims court.
(4) Any judgment for payment in favour of the corporation we™
in an action brought on its own behalf is an asset of the
corporation.
(5) The corporation may, as representative of the owners ^°^^q^
of the units, be sued in respect of any matter relating to the
common elements or assets of the corporation.
(6) Where an action is commenced on or after the 1st day of j^^^^^
June, 1979, a judgment for the payment of money against the corporation
corporation is also a judgment against each owner at the time of
judgment for a portion of the judgment determined by the pro-
portions specified in the declaration for sharing the common
interests.
(7) Where an action has been commenced before the 1st day of ^*«™
June, 1979, a judgment for the payment of money against the
corporation is also a judgment against each owner at the time the
cause of action arose for a portion of the judgment determined by
the proportions specified in the declaration for sharing the com-
mon expenses. 1978, c. 84, s. 14.
15. — (1) The affairs of the corporation shall be managed ^^^^
by a board of directors, consisting of three persons or such
greater number as the by-laws may provide, elected by the
owners.
938
Chap. 84
CONDOMINIUM
Sec. 15 (2)
numi^Vof ^^^ ^ corporation may by by-law increase or, subject to
directors subsection (1), decrease the number of the directors as set out
in its by-laws.
directors (^^ ^° person under eighteen years of age shall be a
director of the corporation.
Qualifications (4) No undischarged bankrupt or mentally incompetent
person shall be a director and if a director becomes a bankrupt
or a mentally incompetent person he thereupon ceases to be a
director.
Consent
(5) A person who is elected or appointed a director is not a
director unless,
(a) he was present at the meeting when he was elected
or appointed and did not refuse at the meeting to
act as a director; or
{b) when he was not present at the meeting when he
was elected or appointed, he consented to act as
director in writing before his election or appoint-
ment or within ten days thereafter.
Id®'" (6) For the purposes of subsection (5), a person who is
elected or appointed as director and refuses under clause (a)
of that subsection or fails to consent under clause (b) of that
subsection shall be deemed not to have been elected or
appointed as a director.
Term
Removal
(7) The term of the members of the board shall be three
years or such lesser period as the by-laws may provide,
but the directors may continue to act until their successors
are elected, and directors are eligible for re-election.
(8) Any director may be removed before the expiration
of his term by a vote of owners who together own a majority
of the units and the owners may elect, in accordance with the
by-laws dealing with the election of directors, any person
qualified to be a member of the board for the remainder of the
term of the director removed.
Vacancy (Q) If a vacancy in the membership of the board occurs,
other than by way of removal under subsection (8) or as a result
of the number of directors being increased, subject to sub-
section (11), the majority of the remaining members of the
board may appoint any person qualified to be a member
of the board to fill the vacancy until the next annual meeting
at which time the vacancy shall be filled by election by the
owners.
Sec. 17 (1) CONDOMINIUM Chap. 84 939
(10) Where the number of directors is increased, the incre*"
vacancies resulting from such increase shall only be filled by
election at a meeting of the owners duly called for that
purpose.
(11) When there is not a quorum of directors in office, ^ji^"°°
the director or directors then in office shall forthwith call a Quorum
meeting of owners to fill the vacancies, and, in default or if
there are no directors then in office, the meeting may be
called by any owner. 1978, c. 84, s. 15.
16. — (1) A quorum for the transaction of business is a Quorum
majority of the members of the board or such greater number
as the by-laws may provide.
(2) No business of a corporation shall be transacted by its bSine8«°'
board except at a meeting of directors at which a quorum
of the board is present.
(3) Where there is a vacancy or vacancies in the board, ^*^®™
the remaining directors may exercise all the powers of the
board so long as a quorum of the board remains in office.
(4) In addition to any other provision in the by-laws of a m*et^CTof
corporation for calling meetings of directors, a quorum of directors
the directors may, at any time, call a meeting of the directors
for the transaction of any business, the general nature of
which is specified in the notice calhng the meeting.
(5) In the absence of any other provision in that behalf Notice
in the by-laws of the corporation, at least ten days written
notice of the time and place for the holding of the meeting
shall be given to every director of the corporation, personally
or by prepaid mail, addressed to him at his latest address as
shown on the records of the corporation. 1978, c. 84, s. 16.
17. — (1) Every director of a corporation who has, directly SJ^re'ctor
or indirectly, any interest in any contract or transaction ^|.°^j^^^g
to which the corporation is or is to be a party, other than a
contract or transaction in which his interest is limited solely
to his remuneration as a director, officer or employee, shall
declare his interest in such contract or transaction at a
meeting of the directors of the corporation and shall at
that time disclose the nature and extent of such interest
including, as to any contract or transaction involving the
purchase or sale of property by or to the corporation, the
cost of the property to the purchaser and the cost thereof
to the seller, if acquired by the seller within five years
before the date of the contract or transaction, to the extent
940
Chap. 84
CONDOMINIUM
Sec. 17 (1)
Interest
to be
material
to which such interest or information is within his knowledge
or control, and shall not vote and shall not in respect of such
contract or transaction be counted in the quorum.
(2) Subsection (1) does not require the disclosure of any
interest in any contract or transaction unless the interest
and the contract or transaction are both material.
When
declaration
of Interest
to be made
(3) The declaration required in subsection (1) shall be
made at the meeting of the directors at which the proposed
contract or transaction is first considered, or if the director
is not at the date of the meeting interested in the proposed
contract or transaction, at the next meeting of the directors
held after he becomes so interested, or if the director becomes
interested in a contract or transaction after it is entered
into, at the first meeting of the directors held after he
becomes so interested, or if a contract or a proposed con-
tract or transaction is one that in the ordinary course of
the corporation's business would not require approval by the
directors or owners, at the first meeting of the directors held
after the director becomes aware of it.
Effect of
declaration
(4) If a director has made a declaration and disclosure
of his interest in a contract or transaction in compliance
with this section and has not voted in respect of the contract
or transaction at the meeting of the directors of the cor-
poration, the director, if he was acting honestly and in good
faith at the time the contract or transaction was entered
into, is not by reason only of his holding the office of
director accountable to the corporation or to its owners for
any profit or gain realized from the contract or transaction,
and the contract or transaction is not voidable by reason only
of the director's interest therein.
Confirmation (5) Notwithstanding anything in this section, a director,
if he was acting honestly and in good faith, is not account-
able to the corporation or to the owners for any profit or gain
■'"•'-' realized from any such contract or transaction by reason
only of his holding the office of director, and the contract or
transaction is not by reason only of the director's interest
therein voidable,
(a) if the contract or transaction is confirmed or
approved by at least two-thirds of the votes cast at
a meeting of the owners duly called for that pur-
pose; and
{b) if the nature and extent of the director's interest
in the contract or transaction are declared and
disclosed in reasonable detail in the notice calling
the meeting.
Sec. 20 (2) CONDOMINIUM Chap. 84 941
(6) For the purposes of this section, a general notice to ^iJ"™*,
the directors by a director declaring that he is a director or interest
officer of or has a material interest in a person that is a party
to a contract or prop)osed contract with the corporation is a
sufficient declaration of interest in relation to any contract
so made. 1978, c. 84, s. 17.
18.— (1) A corporation shall hold an annual meeting of^^J^i
the owners not more than three months after the registration
of the declaration and description, and subsequently not
more than fifteen months after the holding of the last
preceding annual meeting, and at such meeting any owner
or any mortgagee entitled to vote shall have an opportunity
to raise any matter relevant to the affairs and business of
the corporation.
(2) The board, or any mortgagee holding mortgages on ^Mtings
not less than 15 per cent of the units, may at any time call a
meeting of the owners of the corporation for the transaction
of any business, the nature of which shall be specified in the
notice calling the meeting.
(3) Unless otherwise provided in this Act, a quorum for Quorum
the transaction of business at a meeting of owners is those
owners present in person or represented by proxy owning
33^3 per cent of the units. 1978, c. 84, s. 18.
10. — (1) The board shall, upon receipt of a requisition Reqaiaition
. . , , , 1 1 < r '°r owners
m writmg made by owners who together own at least 15 meeting
per cent of the units, call and hold a meeting of the owners
and if the meeting is not called and held within thirty days of the
receipt of the requisition, any of the requisitionists may call
the meeting, and in such case, the meeting shall be held
within sixty days of receipt of the requisition.
(2) The requisition shall state the nature of the business Requiaition
to be presented at the meeting and shall be signed by the
requisitionists and deposited at the address for service of the
corporation. 1978, c. 84, s. 19.
20. — (1) At least ten days written notice of every Notice
meeting of the owners specifying the place, the date and the
hour thereof and the nature of the business to be presented
shall be given to each owner or mortgagee entitled to vote,
personally or by prepaid mail addressed to him at the address
provided under subsection (2).
(2) The corporation shall maintain a record upon ^'hich saffl^*eot
shall be entered each owner or mortgagee who notifies the
corporation of his entitlement to vote and of his address for
service, and the notice of a meeting required by subsection (1)
942
Chap. 84
CONDOMINIUM
Sec. 20 (2)
shall be deemed to be sufficiently given if given in accordance
with subsection (1) to those persons entered on the record
twelve days before the date of the meeting.
Right to
vote
(3) A mortgagee who receives a notice shall, in order to be
entitled to exercise the right of the owner to vote or to
consent, notify the corporation and the owner of his intention
to exercise such right at least two days before the date
specified in the notice for the meeting. 1978, c. 84, s. 20.
Records 21. The corporation shall keep adequate records, and any
owner or his agent duly authorized in writing may inspect
the records on reasonable notice and at any reasonable time.
1978, c. 84. s. 21.
Voting 22. — (1) All voting by owners shall be on the basis of
one vote per unit and, where two or more persons entitled
to vote in respect of one unit disagree on their vote, the
vote in respect of that unit shall not be counted.
Idem
(2) On a show of hands or on a poll, votes may be given
either personally or by proxy.
Proxy (3) An instrument appointing a proxy shall be in writing
under the hand of the appointer or his attorney, and may
be either general or for a particular meeting.
Idem
(4) A proxy need not be an owner.
Where not
entitled
to vote
(5) Except where, under this Act or the by-laws of the
corporation, a unanimous vote of all the owners is required,
an owner is not entitled to vote at any meeting if any
contributions payable in respect of his unit are in arrears for
more than thirty days prior to the meeting.
Majority
voting
(6) Unless otherwise provided in this Act, all questions
proposed for the consideration of the owners at a meeting of
owners shall be determined by a majority of the votes cast.
Novote^^ (7) No owner is entitled to a vote in respect of a unit
orstorage that is intended for parking or storage purposes. 1978, c. 84,
s. 22.
Officers
23. — (1) A corporation shall have a president and a
secretary and such other officers as are provided for by
by-law or by resolution of the directors and the same person
may hold two or more offices.
Sec. 25 (3) CONDOMINIUM Chap. 84 943
(2) In the absence of other provisions in that behalf in the fj^<^"°°
by-laws, the directors, appointment
(a) shall elect the president from among themselves;
(6) shall appoint or elect the secretary ; and
(c) may appoint or elect one or more vice-presidents or
other officers. 1978, c. 84, s. 23.
24. — (1) Every director and officer of a corporation shall stand^dB
exercise the powers and discharge the duties of his office etc.. of'
honestly and in good faith. ^^'^ °"
(2) The acts of a member of the board or an officer of the Defects
board are valid notwithstanding any defect that may after-
wards be discovered in his election or qualifications. 1978,
c. 84, s. 24.
25. — (1) Subject to subsection (2), the by-laws of a cor- indemni-
poration may provide that every director and officer of the directors
corporation and his heirs, executors, administrators, and other
legal personal representatives may from time to time be
indemnified and saved harmless by the corporation from and
against,
(a) any liability and all costs, charges and expenses
that he sustains or incurs in respect of any action,
suit or proceeding that is proposed or commenced
against him for or in respect of anything done or
permitted by him in respect of the execution of the
duties of his office; and
(b) all other costs, charges and expenses that he sustains
or incurs in respect of the affairs of the corporation.
(2) No director or officer of a corporation shall be indemni- ^**®'"
fied by the corporation in respect of any liability, costs,
charges or expenses that he sustains or incurs in or about
any action, suit or other proceeding as a result of which
he is adjudged to be in breach of any duty or responsibility
imposed upon him under this Act or under any other statute
unless, in an action brought against him in his capacity as
director or officer, he has achieved complete or substantial
success as a defendant.
(3) A corporation may purchase and maintain insurance iMurance
for the benefit of a director or officer thereof except insurance
against a liabihty, cost, charge or expense of the director or
944 Chap. 84 condominium Sec. 25 (3)
officer incurred as a result of a contravention of subsec-
tion 24 (1). 1978, c. 84, s. 25.
Election 26. — (1) The board elected at a time when the declarant
board owns a majority of the units shall, not more than twenty-one
days after the declarant ceases to be the registered owner of
a majority of the units, call a meeting of the owners to
elect a new board, and such meeting shall be held within
twenty-one days after the calling of the meeting.
Owner, (2) If the meeting referred to in subsection (1) is not called
etc., may ... , . • , i /• i i i
call within the time provided for by that subsection, any owner
meeting
or any mortgagee entitled to vote may call the meeting.
™ngsto (3) At the meeting required under subsection (1), the
over to declarant shall give to the board elected at that meeting,
the board * *"
(a) the seal of the corporation;
(6) the minute book for the corporation, containing the
most current copies of the declaration, by-laws,
rules and regulations and any amendments thereto;
(c) copies of all agreements entered into by the corpora-
tion or the declarant or his representatives on behalf
of the corporation, including the management con-
tracts, deeds, leases, licences and those items set out
in subsection 52 (6);
(d) a record maintained under subsection 20 (2);
(g) the existing warranties and guarantees for all the
equipment, fixtures and chattels included in the
sale of either the units or common elements that are
not protected by warranties and guarantees given
directly to a unit purchaser;
(/) the as-built architectural, structural, engineering,
mechanical, electrical and plumbing plans;
(g) the original specifications indicating thereon all
material changes;
{h) the plans for underground site service, site grading,
■''"'" drainage and landscaping together with cable tele-
vision drawings if available;
(i) such other available plans and information not
mentioned in clause {f), (g), or (h) but relevant to
future repair or maintenance of the property;
Sec. 27 (3) CONDOMINIUM Chap. 84 945
(;■) an unaudited financial statement prepared as at a date
not earlier than thirty da)^ prior to the meeting;
(k) a table depicting the maintenance respwnsibilities
and indicating whether the corporation or the unit
owners are responsible;
(/) bills of sale or transfers for all items that are
eissets of the condominium corporation but not part
of the real property;
(m) a list detailing current replacement costs and life
expectancy under normal maintenance conditions of
all major capital items in the property, including,
where applicable, those items set out in subsec-
tion 36 (1); and
(n) all financial records of the corporation and of the
declarant relating to the operation of the corporation
from the date of registration of the declaration and
the description.
(4) The declarant shall give to the board within sixty i<*®™
days after the meeting required under subsection (1) an audited
financial statement prepared as at the date of the meeting required
under subsection (1). 1978, c. 84, s. 26.
27. — (1) The corporation shall obtain and maintain in- J^gjora^o'^
surance on its own behalf and on behalf of the owners of maintain
, .... insurance
the units and common elements, excluding improvements
and betterments made or acquired by an owner, against
major perils to the replacement cost thereof, and against
such other perils as may be specified by the declaration or
by-laws, and for this purpose the corporation shall be
deemed to have an insurable interest in the units and common
elements.
(2) Any payment by an insurer under a policy of f^^^°^
insurance entered into under subsection (1) shall, notwith-
standing the terms of the policy, be paid to the order of
insurance trustees, if any, or otherwise shall be paid to or to the
order of the corporation and, subject to subsection 42 (2),
the corporation shall forthwith use the proceeds for the repair or
replacement of the damaged units and common elements so far as
the same may be effected lawfully.
(3) Insurance obtained and maintained by a corporation 'JJ^^'^*^^ ^^^
under subsection (1) shall be deemed not to be other insurance not other
for the purpose of any prohibition of or condition against '"*'"^»'^«
other insurance in a policy of an owner insuring against loss
of or damage to his imit or his interest in the common ele-
946
Chap. 84
CONDOMINIUM
Sec. 27 (3)
ments and covering only to the extent that the insurance
placed by the corporation is inapplicable, inadequate or
ineffective.
Insurance
non-
contributory
R.S.O 1981),
c. -MS
(4) Notwithstanding section 127 of the Insurance Act or
the provisions of the policy, a policy of insurance issued
under subsection (1) and any other policy of insurance,
except another policy issued under subsection (1), are not
liable to be brought into contribution with each other.
Liability
insurance
(5) The corporation shall obtain and maintain insurance
against its liability resulting from breach of duty as occupier
of the common elements or arising from the ownership, use or
operation, by or on its behalf, of boilers, machinery,
pressure vessels and motor vehicles, in addition to such
other insurance as may be specified in the declaration or
by-laws.
Act of
person does
not breach
policy
Provision
for notice
Application
of section
Capacity to
maintain
Insurance
(6) Notwithstanding the terms of a policy issued under
subsection (1), no act of any person shall be deemed to be a
breach of the conditions of the policy where such act is
prejudicial to the interests of the corporation or the owners.
(7) A policy of insurance issued under subsection (1) shall
be deemed to include provision for sixty days notice sent by
registered mail to be given by the insurer to the corporation
and to the insurance trustees, if any, in the event of termina-
tion of the insurance by the insurer.
(8) In the event that any provision of a policy issued
under subsection (1) or any part of the Insurance Act is in
conflict or inconsistent with this section or any part
thereof, the provisions of this section shall apply.
(9) Nothing in this section shall be construed to restrict
the capacity of a corporation, an owner or any other person
to obtain and maintain insurance in respect of any insurable
interest.
Insurance
money to be
used for
repairs
R.S.O 19S(),
c. 29f)
Interpre-
tation
(10) Notwithstanding any provision in a mortgage and
notwithstanding subsection 6 (2) of the Mortgages Act, a
mortgagee shall not require that any money received on an insur-
ance of the property or any part thereof be applied in or towards
the discharge of the money due under his mortgage and any such
requirement is void.
(11) For the purposes of subsection (1), "major perils" means
the perils of fire, lightning, smoke, windstorm, hail, explosion,
water escape, strikes, riots or civil commotion, impact by
aircraft and vehicles, vandalism and malicious mischief.
1978, c. 84, s. 27.
Sec. 28 (4) CONDOMINIUM Chap. 84 947
BY-LAWS AND RESOLUTIONS
28. — (1) The board may pass by-laws, not contrary to^y-i**"
this Act or to the declaration,
{a) to govern the number, qualification, nomination,
election, term of office and remuneration of the
directors ;
(6) to regulate the meeting, quorum and functions of the
board;
(c) to govern the appointment, remuneration, functions,
duties and removal of agents, officers and employees
of the corporation and the security, if any, to be
given by them to it ;
{d) to govern the management of the property ;
{e) to govern the maintenance of the units and common
elements ;
(/) to govern the use and management of the assets of
the corporation ;
{g) specifying duties of the corporation ;
(A) to govern the assessment and collection of con-
tributions towards the common expenses;
(») authorizing the borrowing of money to carry out
the objects and duties of the corporation ; and
(;■) respecting the conduct generally of the affairs of the
corporation.
(2) Subject to subsection (S), a by-law passed under sub- coniinnation
section (1) is not effective until it is confirmed, with or without
variation, by owners who own not less than 51 per cent of
the units at a meeting duly called for that purpose.
(3) A by-law relating to the remuneration of a director KS?*~"
or directors shall fix the remuneration and the period for directors
which it is to be paid.
(4) The by-laws shall be reasonable and consistent with g[ifS
this Act and the declaration. r«Moii«bie
948
Chap. 84
CONDOMINIUM
Sec. 28 (5)
Regristration (5) When a by-law or special by-law is made by the cor-
poration, the corporation shall register a copy of the by-law
or special by-law together with a certificate executed by the
corporation that the by-law was made in accordance with
this Act, the declaration and the by-laws, and until the copy
and certificate are registered the by-law is ineffective. 1978,
c. 84, s. 28.
RULES GOVERNING USE OF COMMON ELEMENTS
House
rules
20. — (1) The board may make rules respecting the use of
common elements and units or any of them to promote the
safety, security or welfare of the owners and of the property
or for the purpose of preventing unreasonable interference
with the use and enjoyment of the common elements and of
other units.
Idem
(2) The rules shall be reasonable and consistent with this
Act, the declaration and the by-laws.
Compliance (3) fhe rules shall be complied with and enforced in the
and ^ ' ^1. i_ 1 ^
enforcement same manner as the by-laws.
When rules
effective
(4) Subject to subsection (5), any rule made under subsec-
tion (1) shall be effective thirty days after notice thereof has
been given to each owner unless the board is in receipt of a
requisition in writing made under section 19 requiring a
meeting of owners to consider the rules.
Idem
(5) If a meeting of owners is required, the rule made under
subsection (1) shall become effective only upon approval at
such meeting of owners.
amending or (^) ^^^ Owners may at any time after a rule becomes
repealing effective amend or repeal a rule at a meeting of owners duly
called for that purpose. 1978, c. 84, s. 29.
Entry by
canvassers
30. No corporation or servant or agent of a corporation
shall restrict reasonable access to the property by candidates,
or their authorized representatives, for election to the House
of Commons, the Legislative Assembly or any office in a muni-
cipal government or school board for the purpose of canvassing
or distributing election material. 1978, c. 84, s. 30.
OBLIGATION OF OWNERS AND OCCUPIERS
?ndShte^ 31.— (1) Each owner is bound by and shall comply with
ofowners, this Act, the declaration, the by-laws and the rules.
Sec. 32 (5) CONDOMINIUM Chap. 84 949
(2) Each owner has a right to the compliance by the ^«*«'"
other owners with this Act, the declaration, the by-laws and
the rules.
(3) The corporation, and every person having an encum- ^^Jg'^j.o'^.j^jj
brance against any unit and common interest, has a right to g^^^^^'j;^™"
the compliance by the owners with this Act, the declaration,
the by-laws and the rules.
(4) Each person in occupation of a proposed unit is bound JJ" f^ht?^
by and shall comply with the rules proposed by the proposed ofoocupiers
declarant where those rules are reasonable and consistent
with this Act.
(5) Each person in occupation of a proposed unit has a ^<*«"
right to the compliance by every other occupant of a proposed
unit with the rules proposed by the proposed declarant.
(6) The proposed declarant has a duty, until registration p^^^ ge^j
of the declaration and description, to effect compliance by aeciarant
occupiers of proposed units with the rules proposed by the
declarant. 1978, c. 84, s. 31 .
32. — (1) The owners shall contribute towards the common ^^^^^
expenses in the proportions specified in the declaration. ^^^^^^J^^^
expenses
(2) Any common surplus in a corporation shall be applied ^^pJJ^^J°°
either against future common expenses or paid into thes'irpius
reserve fund, but shall not, other than on termination, be
distributed to the owners or mortgagees.
(3) The obligation of an owner to contribute towards the Avoidance
common expenses shall not be avoided by waiver of the
right to use the common elements or by abandonment.
(4) Where an owner defaults in his obligation to contribute ^len
to the corporation towards the common expenses as provided
under subsection (1) or subsection 41 (7), the corporation has a lien
for the unpaid amount against his unit and its appurtenant com-
mon interest together with all reasonable costs, charges and
expenses incurred by the corporation in connection with the col-
lection or attempted collections of the unpaid amount.
(5) The lien mentioned in subsection (4) expires three months ^
after the default that gave rise to the lien first occurred
unless the corporation within that time registers a notice
of lien in thfe prescribed form, and, where the notice is
iration
ien
950
Chap. 84
CONDOMINIUM
Sec. 32 (5)
registered in accordance with subsection 33 (5), no further notice
or registration is required in respect of default in payment occur-
ring or continuing after registration.
enforcement ^^) ^^^ ^^^^ ^^y ^ enforced in the same manner as a
mortgage.
Discharge (7) Upon payment of the unpaid amount together with all
reasonable costs, charges and expenses incurred by the cor-
poration in connection with the collection or attempted
collection of the unpaid amount, and upon demand, the cor-
poration shall give the owner a discharge in the prescribed
form.
Certificate (g) Any person acquiring or proposing to acquire an interest
in a unit from an owner may request the corporation to give
a certificate in the prescribed form in respect of the common
expenses of the owner and of default in payment thereof,
if any, by the owner, together with such statements and
information as are prescribed by the regulations, and the
certificate binds the corporation as against the person request-
ing the certificate in respect of any default or otherwise
shown in the certificate, as of the day it is given.
Idem
Fee
(9) The corporation shall give the certificate and the
statements and information referred to in subsection (8) within
seven days after its receipt of the request therefor and,
where the corporation fails to give the certificate, statements
and information within the time prescribed, the corporation
shall be deemed, as against the person requesting the
certificate, to have given a certificate stating no default.
(10) The corporation may charge a fee for providing the
certificate, statements and information referred to in sub-
section (8), in the amount prescribed by regulation. 1978,
c. 84, s. 32.
priority^ 33. — (1) Where a lien created by subsection 32 (4)
is in respect of a unit for residential purposes, that lien has
priority over every registered and unregistered encumbrance
notwithstanding that such encumbrance existed prior to the
lien arising.
Where subs. (1) (2) Subsection (1) does not apply,
does not
apply
(a) to a hen arising before the 1st day of January, 1978 ;
(b) in respect of a claim of the Crown other than by
way of a mortgage ;
Sec. 33 (6) CONDOMINIUM Chap. 84 951
(c) in respect of a claim for taxes, charges, rates or
assessments levied or recoverable under the Muni- R^ o i^m.
cc .?0' 1 '9
cipal Act, the Education Act, the Local Roads Boards isi, 482, 250
Act, the Statute Labour Act or the Local Improvement
Act; or
{d) to such lien or claim that may be designated by
regulation.
(3) Every mortgage of a unit for residential purposes shall deemed°in*
be deemed to contain a provision that, mortgage
(a) the mortgagee has the right to collect the owner's
contribution towards common expenses and shall
forthwith pay any amount so collected to the cor-
poration on behalf of the unit owner ;
(b) the owner's default in the payment of common
expenses shall constitute default under the mort-
gage ; and
(c) the mortgagee shall have the right to pay the owner's
contribution towards common expenses that shall
from time to time fall due and be unpaid in respect
of the mortgaged premises and that such payments
together with all reasonable costs, charges and
expenses incurred in respect thereto, shall be added
to the debt thereby secured and shall be payable
forthwith with interest at the rate payable on the
mortgage, and, if after demand the owner fails to
fully reimburse the mortgagee, the mortgage shall
immediately become due and payable at the option
of the mortgagee.
(4) A corporation shall, where so requested by the holder statement
of a mortgage on a unit for residential purposes, provide, mortgagee
free of charge, to the person making the request a written
statement setting out, in respect of the unit, the common
expenses of the owner and all payments thereof in default.
(5) Where a Uen arises in respect of a unit for residential J[°^*^^
purposes, the corporation shall, on or before the day a notice given
of lien is registered, give notice of the lien to every encum-
brancer whose encumbrance is registered against the title of
the unit, by personal service of the notice or by sending the
notice by registered prepaid post addressed to the encum-
brancer at his last known address.
(6) Where notice of lien is not given as provided in sub- ^f^°°"*^
section (5), then subsection (1) ceases to apply three months after not given
952
Chap. 84
CONDOMINIUM
Sec. 33 (6)
the default that gave rise to the hen first occurred, provided
that where notice is given after registration of notice of
hen then the corporation may register another notice of hen,
but subsection (1) shall continue to apply to any lien which
arose not earlier than three months before the last regis-
tration of notice of lien. 1978, c. 84, s. 33.
AUDITORS AND FINANCIAL STATEMENTS
Auditors
34. — (1) The owners at their first meeting after the 1st
day of June, 1979 shall appoint one or more auditors to hold office
until the close of the next annual meeting and, if the owners fail to
do so, the board shall forthwith make such appointment or
appointments.
Idem
(2) The owners shall at each annual meeting appoint one
or more auditors to hold office until the close of the next
annual meeting and, if an appointment is not so made, the
auditor in office continues in office until a successor is
appointed.
Casual
vacancy
Removal of
auditor
Notice to
auditor
(3) The directors may fill any casual vacancy in the office
of auditor, but, while such vacancy continues, the surviving
or continuing auditor, if any, may act.
(4) The owners may, by resolution passed by a majority of
the votes cast at a meeting duly called for that purpose,
remove an auditor before the expiration of his term of office,
and shall by a majority of the votes cast at that meeting
appoint another auditor in his stead for the remainder of his
term.
(5) Before calling a meeting for the purpose of removing
an auditor, the corporation shall, fifteen days or more before
the giving of the notice of the meeting, give to the auditor,
(a) written notice of the intention to call the meeting,
specifying therein the date on which the notice of the
meeting is proposed to be mailed; and
(b) a copy of all material proposed to be sent to owners
in connection with the meeting.
Right of
auditor
to make
representa-
tions
(6) An auditor has the right to make to the corporation,
three days or more before the mailing of the notice of the
meeting, representations in writing, concerning,
(a) his proposed removal as auditor ;
(b) the appointment or election of another person to fill
the office of auditor ; or
Sec. 35 (3) CONDOMINIUM Chap. 84 953
(c) his resignation as auditor,
and the corporation, at its expense, shall forward with the
notice of the meeting, a copy of such representations to each
person entitled to receive notice of the meeting.
(7) The remuneration of an auditor appointed by the Remunera-
owners shall be fixed by the owners, or by the board if it is
authorized so to do by the owners, and the remuneration of an
auditor appointed by the board shall be fixed by the board.
(8) If for any reason no auditor is appointed, the court b^^^lS't™^"*^
may, on the application of an owner, appoint one or more
auditors to hold office until the close of the next annual
meeting and may fix the remuneration to be paid by the
corporation for his or their services.
(9) The corporation shall give notice in writing to an a°"intment
auditor of his appointment forthwith after the appointment
is made.
(10) No person shall be appointed or act as auditor of a ^®^°^fled
corporation who is a director, officer, employee or manager as auditors
of the corporation, has an interest in contracts of the cor-
poration, or is a partner, employer or employee of any
director, officer, employee or manager of the corporation.
(11) This section does not apply to a corporation where ^^f®^
the property consists of less than twenty-five units for ^oes not
residential purposes. 1978, c. 84, s. 34.
35. — (1) The auditor shall make such examination as will ^miuai
enable him to report to the owners as required by subsec-
tion (2).
(2) The auditor shall make a ref)ort to the owners on the^udUior's
financial statement, to be laid before the corporation at any
annual meeting during his term of office, and shall state
in his report whether in his opinion the financial statement
referred to therein presents fairly the financial position of
the corporation and the results of its operations for the period
under review in accordance with generally accepted accounting
principles applied on a basis consistent with that of the
preceding period, if any.
(3) Where the report under subsection (2) does not contain ^'*®™
the unqualified opinion required thereby, the auditor shall
state in his report the reasons therefor.
954
Chap. 84
CONDOMINIUM
Sec. 35 (4)
Facts
discovered
after
statement
(4) Where facts come to the attention of the board or
officers of the corporation that if known prior to the date of the
last annual meeting of owners would have required a material
adjustment to the financial statement presented to the
meeting, the board or officers shall communicate such facts
to the auditor who reported to the owners under this section
and the board shall forthwith amend the financial statement
and send it to the auditor.
Amendment
of auditor's
report
(5) On the receipt of facts furnished under subsection (4) or
from any other source, the auditor shall, if in his opinion
it is necessary, amend his report with respect to the financial
statement in accordance with subsection (2) and the board or,
if it fails to do so within a reasonable time, the auditor, shall
mail or deliver such amended report to the owners.
Idem
(6) The financial statement shall contain a statement of
changes in net assets or a statement of source and application
of funds, and the auditor shall include in his report a state-
ment whether, in his opinion, in effect, the statement of
changes in net assets or the statement of source and applica-
tion of funds presents fairly the information shown therein.
Idem
(7) The auditor in his report shall make such statements
as he considers necessary if,
{a) the corporation's financial statement is not in
agreement with its accounting records ;
{b) the corporation's financial statement is not in accord-
ance with the requirements of this Act ;
Right of
access, etc.
(c) he has not received all the information and explana-
tions that he has required ; or
(d) proper accounting records have not been kept, so
far as appears from his examination.
(8) The auditor of a corporation has right of access at
all times to all records, documents, accounts and vouchers
of the corporation and is entitled to require from the
directors, officers and employees of the corporation such
information and explanations as, in his opinion, are necessary
to enable him to report as required by subsection (2).
may^attend (^^ ^^^ auditor of a Corporation is entitled to attend any
owners' meeting of owners and to receive all notices and other com-
meetings . "^ . , , , . ,
munications related to any such meeting that an owner is
entitled to receive and to be heard at any such meeting that
Sec. 36 (2) CONDOMINIUM Chap. 84 955
he attends on any part of the business of the meeting that
concerns him as auditor.
(10) At any meeting of owners, the auditor, if present, ^^^^
shall answer inquiries directed to him concerning the basis f^'^^J^
upon which he formed the opinion stated in the report made at owners*
1 1 /^. meetings
under subsection (2).
(11) The financial statement shall be approved by the JJ^^^j.
board and the approval shall be evidenced by the signature gP^^J^
at the foot of the balance sheet by two of the directors
duly authorized to sign, and the auditor's report shall be
attached to or accompany the financial statement.
(12) The corporation shall, ten days or more before the ^^^"°°
date of the annual meeting of owners, send by prepaid mail g^*^j°^
or deliver to each owner at his latest address as shown on statements,
the records of the corporation and shall file with the bureau owners
a copy of the financial statement and a copy of the auditor's
report.
(13) The board shall lay before each annual meeting of f^^^®^^
owners, owners
at annual
(a) a financial statement made in accordance with
generally accepted accounting principles ;
(6) the report of the auditor to the owners ; and
(c) such further information respecting the financial
position of the corporation as the by-laws of the
corporation require. 1978, c. 84, s. 35.
RESERVE FUND
36. — (1) In this Act and the regulations, the declaration, f^^^
by-laws and financial statements prepared in accordance with defined
this Act, the declaration or by-laws, "reserve fund" means
a fund set up by the corporation in a special account for
major repair and replacement of common elements and assets
of the corporation including where apphcable without Umiting
the generahty of the foregoing, roofs, exteriors of buildings,
roads, sidewalks, sewers, heating, electrical and plumbing
systems, elevators, laundry, recreational and parking faciUties.
(2) The corporation shall estabUsh and maintain one ^^fwIliS?*
or more reserve funds and shall collect from the owners, and ^ , .
maintained
as part of their contribution towards common expenses,
amounts that, calculated on the basis of expected repair and
replacement costs and life expectancy of things comprising
the common elements and the assets of the corporation,
956
Chap. 84
CONDOMINIUM
Sec. 36 (2)
are reasonably expected to provide sufficient funds for major
repair and replacement of common elements and assets of
the corporation, but in no event shall the contributions to the
reserve fund or funds be less than 5 per cent of the amount
required for contributions to the common expenses exclusive of
the reserve fund.
Idem
(3) On and after the 1st day of June, 1982, the contribution to
the reserve fund or funds shall be not less than 10 per cent of the
amount required for contributions to the common expenses
exclusive of the reserve fund.
Idem
Use of
reserve fund
limited
Fund not
available for
distribution
(4) Any fund set up for any of the purposes mentioned
in subsection (1) shall be deemed to be a reserve fund not-
withstanding that it may not be so designated.
(5) No part of a reserve fund shall be used except for the
purposes for which the fund was established.
(6) The amount of a reserve fund shall constitute an
asset of the corporation and shall not be distributed to any
owner except on termination of the corporation.
Bureau may
exempt
from
subss. (2), (^)
(7) The bureau may, upon being satisfied that the cor-
poration has sufficient reserve funds, exempt the corporation
from the requirements set out in subsections (2) and (3) upon
such terms and conditions and for such period of time as the
bureau considers proper. 1978, c. 84, s. 36.
Commence-
ment
of subs. (7)
(8) Subsection (7) does not come into force until a day to be
named by proclamation of the Lieutenant Governor. 1978,
c. 84, s. 62, revised.
AUDIT COMMITTEE
Audit
committee
maybe
established
37. — (1) Where the number of directors of a corporation
is more than six, the directors may elect annually from
among their number a committee to be known as the audit
committee to be composed of not fewer than three directors,
of whom a majority shall not be officers or employees of
the corporation, to hold office until the next annual meeting
of the owners.
8ha1u°ubmit (^) ^^^ auditor shall submit the financial statement to the
stotement a^^dit Committee for its review and the financial statement
shall thereafter be submitted to the board.
Auditor's
right to
appear
(3) The auditor has the right to appear before and be
heard at any meeting of the audit committee and shall appear
before the audit committee when required to do so by the
committee.
Sec. 39 (2) CONDOMINIUM Chap. 84 957
(4) Upon the request of the auditor, the audit committee committee
» 11 • /• 1 • . . -1 convening
shall convene a meetmg of the committee to consider any at request
matters the auditor beheves should be brought to the attention ° *"* ^'
of the board or members. 1978, c. 84, s. 37.
MODIFICATIONS OF COMMON ELEMENTS AND ASSETS
38. — (1) The corporation may by a vote of owners who fi^^^fg^^
own 80 per cent of the units make any substantial addition,
alteration or improvement to or renovation of the common
elements or may make any substantial change in the assets
of the corporation, and the corporation may by a vote of the
owners make any other addition, alteration or improvement
to or renovation of the common elements or may make any
other change in the assets of the corporation.
(2) A grant or transfer of an easement to the corporation Easement
is as effective as if the corporation owns land capable of
being benefitted by the easement.
(3) The cost of any addition, alteration or improvement ^°^^
to or renovation of the common elements and the cost of
any change in the assets of the corporation are common
expenses.
(4) If any substantial addition, alteration or improvement Dissenters
to or renovation of the common elements is made, or if any
substantial change in the assets of the corporation is made,
the corporation must, on demand of any owner who
dissented, made within ten days after the date of the vote
referred to in subsection (1), purchase his unit and common
interest.
(5) Where the corporation and the owner who dissented Arbitration
do not agree as to the purchase price, the owner who dissented
may elect to have the fair market value of his unit and
common interest determined by arbitration under the
Arbitrations Act by serving a notice to that effect on the ^^P ^^^'
corporation. 1978, c. 84, s. 38.
AGREEMENTS
39. — (1) The corporation may, by by-law, terminate, ^^^^^™t°'
on giving sixty days notice in writing, any agreement
between the corporation and any person for the management
of the property entered into at a time when the majority
of the members of the board were elected when the declarant
was the registered owner of a majority of the units.
(2) Every agreement for the provision of services on a Agreements
continuing basis, every lease of the common elements or part
958
Chap. 84
CONDOMINIUM
Sec. 39 (2)
thereof for business purposes and every agreement for the
provision of recreation facilities to the corporation on other
than a non-profit basis entered into by a corporation after the
1st day of June, 1979 and at a time when the majority of the
members of the board were elected when the declarant was
the registered owner of a majority of the units that does not
expire within twelve months after its effective date shall be
deemed to expire twelve months after its effective date unless,
within the twelve month period, the agreement is ratified by
the board at a time when the majority of the board members
were elected after the declarant ceased to be the registered
owner of a majority of the units. 1978, c. 84, s. 39.
INVESTIGATION OF RECORDS
Examination
of records
Application
to court
40. — (1) Every person in receipt of money paid to or for
the benefit of the corporation shall, upon reasonable notice
and during normal business hours, make available for examina-
tion by the corporation or any owner or mortgagee, all
records relating to the receipt and disposition of such money.
(2) Upon application to a judge of a county or district
court by the corporation or any owner or mortgagee, the
judge, if satisfied that the application is made in good faith
and that it is prima facie in the best interests of the applicant
to do so, may make an order, upon such terms as to the
costs of the investigation or audit or otherwise as he considers
proper, appointing an inspector to make such investigation
of the affairs of any person in receipt of money mentioned in
subsection (1) and to make such audit of the accounts and
records of such person as the judge considers necessary.
(3) An inspector appointed under subsection (2) has the
Power of
R s o 1980, powers of a commission under Part II of the Public Inquiries
c 411 Act, which Part applies to such investigation or audit
as if it were an inquiry under that Act.
Trust
money
(4) All money referred to in subsection (1) shall be held
by the person in receipt thereof in trust for the perform-
ance of the duties and obligations in respect of which the
money is paid, and he shall pay such money into a separate
account at a chartered bank or trust company or a loan
company or credit union authorized by law to receive money
on deposit or a Province of Ontario Savings Office and shall
designate the account as a trust account in the name of the cor-
poration. 1978, c. 84, s. 40.
REPAIRS AND MAINTENANCE
Interpre-
tation
41. — (1) For the purposes of this Act, the obligation to
repair after damage and to maintain are mutually exclusive.
Sec. 42 (2) CONDOMINIUM Chap. 84 959
and the obhgation to repair after damage does not include the
repair of improvements made to units after registration of
the declaration and description.
(2) Subject to section 42, the corporation shall repair the ^g'^'^^j!^"
units and common elements after damage.
(3) The corporation shall maintain the common elements. ofcommon^^
elements
(4) Each owner shall maintain his unit. S uSiu^*"''^
(5) Notwithstanding subsections (2), (3) and (4), the declaration ^j^^^""^^^^
may provide that, otherwise
(a) each owner shall, subject to section 42, repair his
unit after damage ;
(6) the owners shall maintain the common elements or
any part of the common elements;
(f) the corporation shall maintain the units; or
(d) each owner shall maintain and repair after damage
those parts of the common elements of which he has
the exclusive use.
(6) The corporation shall make any repairs that an owner J^;^®j.atiojj
is obligated to make and that he does not make within a to make
^ repairs for
reasonable time. owners
(7) An owner shall be deemed to have consented to have consent
repairs done to his unit by the corporation under this section
and the cost of such repairs shall be added to the owner's
contribution toward common expenses.
(8) All warranties given with respect to workmanship and warranties
materials furnished to the property shall enure to the benefit
of all unit owners from time to time and to the corporation.
1978, c. 84, s. 41.
WHERE DAMAGE OCCURS
42. — (1) Where damage to the building occurs, the board ^^"tion
shall determine within thirty days of the occurrence whether of damage
there has been substantial damage to 25 per cent of the
buildings.
(2) Where there has been a determination that there has ^^°^
been substantial damage to 25 per cent of the buildings, the
corporation shall repair within a reasonable time, unless,
within sixty days after the determination made under sub-
section (1), by a vote of owners who own 80 per cent of the
units, the owners vote for termination. 1978, c. 84, s. 42.
960 Chap. 84 CONDOMINIUM Sec. 43 (1)
TERMINATION
?erSnation *'^- — ^^^ Where, under subsection 42 (2), the owners vote for
termination, the corporation shall, within ten days of the vote,
register a notice of termination in the prescribed form.
re^lstmtion ^^^ Upon the registration of a notice of termination under
of notice subsection (1),
(a) the government of the property by this Act is
terminated ;
(6) the owners are tenants in common of the land and
interests appurtenant to the land described in the
description in the same proportions as their com-
mon interests;
(c) claims against the land and interests appurtenant
to the land created before the registration of the
declaration and description are as effective as if the
declaration and description had not been registered;
(d) encumbrances against each unit and common inter-
est created after the registration of the declaration
and description are claims against the interest of
the owner in the land and interests appurtenant to
the land described in the description, and have the
same priority they had before the registration of
the notice of termination; and
(e) all claims against the property created after the
registration of the declaration and description,
other than the encumbrances mentioned in clause (d),
are extinguished. 1978, c. 84, s. 43.
Sale of 44^ — (ly Sale of the property or any part of the common
proper > elements may be authorized,
{a) by a vote of owners who own 80 per cent of the
units ;
{b) by the consent of the persons having registered
claims against the property or the part of the com-
mon elements, as the case may be, created after
the registration of the declaration and description;
and
(c) if the sale of part only of the common elements
includes any portion of the common elements that
are to be used by the owners of one or more desig-
nated units and not by all the owners, by the con-
sent of the owners of the designated units affected.
Sec. 44 (7) CONDOMINIUM Chap. 84 961
(2) A deed or transfer shall be executed by the authorized ^i^®^^H'i° °^
V ' _ J conveyance
officers of the corporation under its seal and a release or
discharge shall be given by all persons having registered
claims against the property or ,the part of the common ele-
ments, as the case may be, created after the registration of
the declaration and description.
(3) Upon the registration of the instruments mentioned in ^^^^.tIuou
subsection (2), ?L„»„„
^ ' ' conveyance
(a) the government of the property or of the part of
the common elements by this Act is terminated;
[h) claims against the land and interests appurtenant
to the land created before the registration of the
declaration and description are as effective as if the
declaration and description had not been registered;
and
(c) claims against the property or the part of the com-
mon elements created after the registration of the
declaration and description are extinguished.
(4) Subject to subsection (5), the owners share the proceeds Proceeds
of the sale in the same proportions as their common inter-
ests.
(5) Where a sale is made under this section, any owner ^g^^nt^^
who dissented may elect to have the fair market value of
the property at the time of the sale determined by arbi-
tration under the Arbitrations Act by serving notice to that ^^5° '^*"'
effect on the corporation within ten days after the vote, and
the owner who served the notice is entitled to receive from
the proceeds of the sale the amount he would have received
if the sale price had been the fair market value as deter-
mined by the arbitration.
(6) Where the proceeds of the sale are inadequate to pay ^®^|^
the amount determined under subsection (5), each of the inadequate
owners who voted for the sale is liable for a portion of the
deficiency determined by the proportions of their common
interests.
(7) Subject to subsection (8), where any part of the com- ^^p^^
1 -1 .ir- -A- pnation
mon elements are expropriated under the hxpropnattons r s q. i980,
Act, the owners shall share the proceeds in the same pro- c. us
portions as their common interests.
962 Chap. 84 CONDOMINIUM Sec. 44 (8)
I'lc"' (8) Any portion of the proceeds received on expropriation
f M^ '^**" under the Expropriations Act that is attributable to any
portion of the common elements that are to be used only
by the owners of designated units and not by all the owners
shall be divided among the owners of the designated units
affected in the proportions in which their interests are
affected. 1978, c. 84, s. 44.
Termination 45. — (1) Termination of the government of the property
without sale by this Act may be authorized,
(a) by a vote of owners who own 80 per cent of the
units; and
(b) by the consent of the persons having registered
claims against the property created after the regis-
tration of the declaration and description.
Registration (2) Where termination of the government of the property
by this Act is authorized under subsection (1), the corporation
shall register a notice of termination in the prescribed form,
executed by the authorized officers of the corporation under
its seal and by all the persons having registered claims
against the property created after the registration of the
declaration and description.
reristrauon (^) Upon registration of a notice of termination under
subsection (2),
(a) the government of the property by this Act is
terminated ;
(b) the owners are tenants in common of the land and
interests appurtenant to the land described in the
description in the same proportions as their common
interests ;
(c) claims against the land and the interests appurte-
nant to the land described in the description created
before the registration of the declaration and
description are as effective as if the declaration and
description had not been registered;
(d) encumbrances against each unit and common inter-
est created after the registration of the declaration
and description are claims against the interest of
the owner in the land and interests appurtenant to
the land described in the description and have the
Sec. 48 CONDOMINIUM Chap. 84 963
same priority as they had before the registration
of the notice of termination; and
{e) all other claims against the property created after
the registration of the declaration and description
are extinguished. 1978, c. 84, s. 45.
46. — (1) A corporation, any owner, or any person having Termination
an encumbrance against a unit and common interest may
apply to the Supreme Court for an order terminating the
government of the property by this Act.
(2) The court may order that the government of the^''^^®'"
property by this Act be terminated if the court is of the
opinion that the termination would be just and equitable,
and, in determining whether the termination would be just
and equitable, the court shall have regard to,
{a) the scheme and intent of this Act ;
(6) the probability of unfairness to one or more owners
if termination is not ordered; and
(c) the probability of confusion and uncertainty in
the affairs of the corporation or the owners if
termination is not ordered.
(3) Where an order of termination is made under sub- ^°^{.^j*jy
section (2), the court may include in the order any provisions
that the court considers appropriate in the circumstances.
1978, c. 84, s. 46.
47. When the owners and the property cease to be termination
governed by this Act,
(a) the assets of the corporation shall be used to pay
any claims for the payment of money against the
corporation ;
{b) the remainder of the assets of the corporation
shall be distributed among the owners in the same
proportions as the proportions of their common
interests. 1978, c. 84, s. 47.
VOTING BY MORTGAGEES
48. Where a mortgage of a unit and common interest mon^ajies
contains a provision that authorizes the mortgagee to exercise
964
Chap. 84
CONDOMINIUM
Sec. 48
the right of the owner to vote or to consent, the mortgagee
may exercise the right, and, where two or more such mort-
gages contain such a provision, the right may be exercised
by the mortgagee who has priority. 1978, c. 84, s. 48.
PERFORMANCE OF DUTIES
Application
for order
to require
performance
of duties
49. — (1) Where a duty imposed by this Act, the decla-
ration, the by-laws or the rules is not performed, the corpora-
tion, any owner, the bureau, or any person having a registered
mortgage against a unit and common interest, may apply to
the county or district court for an order directing the per-
formance of the duty.
Idem
(2) The court may by order direct performance of the
duty and may include in the order any provisions that the
court considers appropriate in the circumstances.
Tenant to
pay common
expense
default in
lieu of rent
(3) Where the owner who has leased his unit defaults in
his obligation to contribute to the corporation towards the
common expenses as provided under subsection 32 (1) and sub-
section 41(7), the corporation may by written notice to the lessee
require the lessee to pay to the corporation, and upon receipt of
such notice the lessee shall pay, out of the rent due under the lease,
an amount equal to the default and such payment shall constitute
payment toward rent under the lease and the lessee shall not by
reason only of such payment to the corporation be in default of his
obligation under the lease.
Application (4) j^e Icssec of a unit is subject to the duties imposed
liO 1GSS6GS •*■•■■• ^t
by this Act, the declaration, the by-laws and the rules on an
owner, except those duties respecting common expenses, and
this section applies in the same manner as to an owner and,
where the lessee is in contravention of an order under this
section or where he fails to pay, pursuant to a notice given
under subsection (3), the court may terminate the lease.
Saving (5) Nothing in this section restricts the remedies other-
wise available for failure to perform any duty imposed by
this Act.
Notification
of unit lease
(6) Where the owner of a unit leases his unit, the owner
shall notify the corporation that the unit is leased and shall
provide to the corporation the lessee's name and the owner's
address. 1978, c. 84. s. 49.
Sec. 51(1) (d) CONDOMINIUM Chap. 84 965
APPLICATION OF THE PLANNING ACT
50. — (1) Section 29 and clause 35 (1) (b) of the Planning Act do Application
, . /• 1 1- -111 • 1 of subdivision
not apply m respect of dealings with whole units and common control
interests.
(2) Subject to subsection (3), the provisions of section 36 of the Approval of
Planning Act that apply to plans of subdivision apply, with neces- under'' ""*
sar>' modifications, to descriptions under this Act, and a descrip- f^^ 5'^'
tion shall not be registered unless approved or exempted by the
Minister of Housing.
(3) Before making an appHcation under subsection 36 (1) of the Exemption
Planning Act, the owner of a property or someone authorized by
him in writing may apply to the Minister of Housing to have the
description or any part of the description exempted from such
section 36, or from any provisions thereof, and where in the
opinion of the Minister such exemption is appropriate in the
circumstances, he may grant the exemption.
(4) Section 38 of the Planning Act does not apply in respect of '^^•^ ^^^'
descriptionsmadeforthepurposesof this Act. 1978, c. 84, s. 50. not to apply'
SALE AND LEASE OF UNITS
51. — (1) Every agreement of purchase and sale entered c^^nantsm
into by a proposed declarant for a proposed unit for resi- agreement of
- . / 1 ,1 1 T , • purchase and
dential purposes shall be deemed to contain, sale
(a) a covenant by the vendor to take all reasonable
steps to register a declaration and description in
respect of the property in which the unit is included
without delay;
(6) a covenant by the vendor to take all reasonable
steps to sell the other residential units included in
the property without delay other than any units
mentioned in a statement under clause 54 (1) (c);
(c) a covenant by the vendor to take all reasonable
steps to deliver to the purchaser a registrable deed
or transfer of the unit without delay; and
{d) a provision that the vendor will not collect from
the purchaser any money on behalf of the cor-
poration.
966
Chap. 84
CONDOMINIUM
Sec. 51 (2)
re^VsteV" (^) Notwithstanding any provision to the contrary con-
deciaration tained therein, an agreement of purchase and sale of a pro-
specifled posed Unit for residential purposes shall not be terminated
^ ° by the proposed declarant only by reason of the failure to
register the declaration and description within a period of
time specified in the agreement, unless the purchaser con-
sents to the termination in writing.
Application (3) Notwithstanding subsection (2), the proposed declarant
may apply to a judge of a county or district court and the
judge may by order terminate the agreement if he is satis-
fied that,
(a) the proposed declarant has taken all reasonable
steps to register a declaration and description;
(b) a declaration and description cannot be registered
within a reasonable period of time; and
(c) the failure and inability to register a declaration
and description is caused by circumstances beyond
the control of the proposed declarant.
reSstration ^^^ ^^^ Judge may, in an order under subsection (3), provide
under Act that a declaration and description shall not be registered
in respect of the property in which the proposed unit is
included during such period as he specifies in the order.
aforder*"°° ^^^ ^^ order under subsection (3) is ineffective until a certi-
fied copy thereof is registered.
Payment
of purchase
price
(6) Where an agreement of purchase and sale entered into
by a proposed declarant for a proposed unit for residential
purposes permits or requires the purchaser to take possession
of or occupy the unit before a deed or transfer of the unit
acceptable for registration is delivered to him, the money paid
in respect of such right or obligation to the proposed declarant
shall be not greater, on a monthly basis, than the total of
the following amounts:
1. The amount of interest that the purchaser would
have paid, monthly, in respect of any mortgage or
mortgages he is obligated to assume or give under the
agreement of purchase and sale on delivery of a deed
or transfer of the unit.
2. An amount reasonably estimated on a monthly basis
for municipal taxes attributable to the proposed
unit.
3. The projected monthly common expense contribution
for that unit.
Sec. 52 (5) CONDOMINIUM Chap. 84 967
(7) Where a purchaser takes possession of a proposed ^ufi^oT^
unit for residential purposes under an agreement that per- proposed
mits the purchaser to take possession of or occupy the unit
before a deed or transfer of the unit acceptable for registration
is delivered to him, notwithstanding the provisions of the
Landlord and Tenant Act, the proposed declarant, R so i98o.
• * c. 232
(a) shall provide those services and only those services
that the proposed corporation will have a duty to
provide to owners ;
(b) shall repair and maintain the property and the
proposed unit in the same manner as the proposed
corporation will have a duty to repair and maintain ;
(c) has the same right of entry that the proposed cor-
poration wiU have; and
(d) may withhold consent to an assignment of the
occupancy agreement. 1978, c. 84, s. 51.
52. — (1) An agreement of purchase and sale entered into Disclosure
after the 1st day of June, 1979 by a declarant or proposed
declarant of a unit or proposed unit for residential purposes
is not binding on the purchaser until the declarant or proposed
declarant has delivered to the purchaser a copy of the current
disclosure statement and all material amendments thereto.
(2) The purchaser, before receiving delivery of a deed to or ?^emen°°^
transfer of the unit, may rescind the agreement of purchase
and sale within ten days after receiving the disclosure state-
ment or, where there has been a material amendment there-
to, within ten days after receiving the material amendment.
(3) A person may rescind an agreement of purchase and J^^j^ion
sale under subsection (2) by giving written notice of the
rescission to the declarant or proposed declarant or to the
solicitor of the declarant or proposed declarant.
(4) Every declarant or proposed declarant who receives on rescission.
■^ * *^ , , money to be
notice of rescission under subsection (3) from a person entitled refunded
to rescind the agreement of purchase and sale under sub-
section (2), shall forthwith refund, without penalty or charge,
to the person giving notice, all money that he received from
that person under the agreement that was credited as pay-
ment against purchcise price.
(5) Where any statement or material required under this ^^gj,t
Act to be provided by a declarant or proposed declarant to a false ^
968 Chap. 84 CONDOMINIUM Sec. 52 (5)
purchaser of a unit or proposed unit for residential purposes
contains any material statement or information that is false,
deceptive or misleading or fails to contain any material state-
ment or information, the corporation or any unit owner who
relied on such statement or material is entitled, as against the
declarant or the proposed declarant to damages for any loss
sustained as a result of such reliance.
Disclosure (6) The disclosure statement referred to in subsection (1)
shall contain and fully and accurately disclose,
{a) the name and municipal address of the declarant
or proposed declarant and of the property or pro-
posed property;
{b) a general description of the property or proposed
property including the types and number of build-
ings, units and recreational and other amenities
together with any conditions that apply to the
provision of amenities;
(c) the portion of units or proposed units which the
declarant or proposed declarant intends to market in
blocks of units to investors ;
(d) a brief narrative description of the significant
features of the existing or proposed declaration,
by-laws and rules governing the use of common
elements and units, and of any contracts or leases
that may be subject to termination or expiration
under section 39;
(e) a budget statement for the one year period im-
mediately following the registration of the declaration
and the description ;
(/) where construction of amenities is not completed,
a schedule of the proposed commencement and
completion dates; and
(g) any other matters required by the regulations to be
disclosed.
ftotements ^^) ^^^ budget Statement mentioned in clause (6) (e)
shall set out,
(«) the common expenses;
{b) the proposed amount of each expense;
(c) particulars of the type, frequency and level of the
services to be provided;
Sec. 52 (9) (a) condominium Chap. 84 969
{d) the projected monthly common expense contribution
for each type of unit ;
{e) a statement of the portion of the common expense
to be paid into a reserve fund;
{/) a statement of the assumed inflation factor;
ig) a statement of any judgments against the cor-
poration, the status of any pending lawsuits to
which the corporation is a party and the status of
any pending lawsuits material to the property of
which the declarant or proposed declarant has
actual knowledge;
(A) any current or expected fees or charges to be paid
by unit owners or any of them for the use of the
common elements or part thereof and other facilities
related to the property;
(i) any services not included in the budget that the
declarant or proposed declarant provides, or ex-
penses that he pays and that might reasonably be
expected to become, at any subsequent time, a com-
mon expense and the projected common expense
contribution attributable to each of those services or
expenses for each type of unit ;
(j) the amounts in all reserve funds; and
(k) any other matters required by the regulations to be
disclosed.
(8) Where the total amount incurred for the common ^^^^j^
expenses provided for in the budget statement exceeds the of common
' ^ . , , expenses
total of the proposed amounts set out m the statement, for
the period covered by the budget statement mentioned in
clause (6) (e) the declarant shall forthwith pay to the corporation
the amount of the excess except in respect of increased expenses
attributable to the termination of an agreement under section 39.
(9) Where the declarant shows any expected fees, charges, ^|^g
rents or other revenue to be paid to the corporation for the shown on
, , . ^ '^ . , budget
use of the common elements or assets or any part thereof or statement
any other facilities related to the property and,
{a) where the total amount received is less than the
expected fees, charges, rents or other revenue, the
declarant shall forthwith pay to the corporation the
970 Chap. 84 CONDOMINIUM Sec. 52 (9) (a)
amount of the deficiency less the amount, if any, that
the total of the proposed amounts for common ex-
penses set out in the budget statement mentioned
in clause (6) (e) exceeds the total amount incurred for
common expenses for the period covered by the budget
statement; or
{b) where the total amount received is more than the
expected fees, charges, rents or other revenue, the
declarant may set off the amount of the excess
against any amount he may be required to pay
under subsection (8). 1978, c. 84, s. 52.
Trust 53, — (1) All money received by or on behalf of a pro-
posed declarant from a purchaser on account of a sale or an
agreement for the purchase and sale of a proposed unit for
residential purposes before the registration of the declaration
and description, other than money paid as rent or as an
occupancy charge, shall, notwithstanding the registration of
the declaration and description thereafter, be held in trust
by the person receiving such money for the person entitled
thereto in respect of the agreement and such money shall be
held in a separate account designated as a trust account at
a chartered bank or trust company or a loan company or
credit union authorized by law to receive money on deposit
or a Province of Ontario Savings Office until,
(a) its disposition to the person entitled thereto; or
(b) delivery of prescribed security to the purchaser for
repayment.
Interest (2) Where an agreement of purchase and sale referred to
in subsection (1) is terminated and the purchaser is entitled
to the return of any money paid under the agreement, the
proposed declarant shall pay to the purchaser interest on
such money at the prescribed rate.
^^^^ (3) Subject to subsection (2), where a purchaser of a pro-
posed unit under an agreement of purchase and sale referred
to in subsection (1) enters into possession or occupation of the
unit before a deed or transfer of the unit acceptable for
registration is delivered to him, the proposed declarant shall
pay interest at the prescribed rate on all money received
by him on account of the purchase price from the day the
purchaser enters into possession or occupation until the day
a deed or transfer acceptable for registration is delivered to
him.
Sec. 54 (5) CONDOMINIUM Chap. 84 971
(4) Subject to subsections (2) and (3), the proposed declarant is ^<*®™
entitled to any interest earned on the money required to be held in
trust under subsection (1). 1978, c. 84, s. 53.
54. — (1) A declarant or proposed declarant shall not ^^f;^°^
grant a lease of a unit or proposed unit for residential pur-
poses unless,
(a) the lessee has entered into a bona fide agreement
to purchase the unit;
{b) the lease grants to the lessee a bona fide option to
purchase the unit;
(c) every agreement of purchase and sale of a unit
included in the property includes a statement that
the unit to be included in the lease is or will be leased
and specifies the uses that are or will be permitted
by the lease; or
(d) written notice of the lessor's intention to lease the
unit has been given to every purchaser under an
agreement of purchase and sale, registered owner
and mortgagee entitled to vote, and the period
referred to in subsection (2) has expired or, where an
application is made under subsection (2), it is finally
disposed of.
(2) Any person notified under clause (1) (d) may, within twenty- ^pp"^"°°
one days after receiving the notice, and on written notice to the
declarant, apply to a judge of a county or district court, and the
judge, if he is of the opinion that the declarant has not taken all
reasonable steps to sell the unit, may by order prohibit the declar-
ant from leasing the unit or grant other relief as he considers
proper.
(3) The notice mentioned in clause (1) (rf) shall specify ^°°^°^
the unit or units intended to be leased and the uses that will be
permitted by the lease but need not set out any other terms or
identify any proposed lessee.
(4) A declarant or proposed declarant may grant leeises J^^^°^
of a unit or proposed unit for residential purposes for a period
in each case not exceeding two years, including renewals,
provided that subsection (1) is complied with in respect of
each lease.
(5) This section does not apply to the renewal of a lease Exemption
of a unit or proposed unit where the lease was entered into
before any agreement of purchase and sale of any unit or
proposed unit included in the property is entered into.
972
Chap. 84
CONDOMINIUM
Sec. 54 (6)
Lease
defined
(6) In this section, "lease" includes a licence to use or
occupy and any agreement in the nature of a lease. 1978,
c. 84, s. 54.
Offenoes 55, Every person who knowingly contravenes subsec-
tion 26 (3), section 30, subsection 40 (1) or (4), subsection 52 (5), (6)
or (7), subsection S3 (1), subsection 56 (8) or subsection 60 (1), or
knowingly purports to enter into a lease in contravention of sub-
section 54 ( 1) or (4) is guilty of an offence and on conviction is liable
to a fine of,
{a) not more than $25,000, where the person is a
corporation; or
{b) not more than $2,000, where the person is other
than a corporation. 1978, c. 84, s. 55.
BUREAU
Designating
bureau
R.S.O. 1980,
c. 95
56. — (1) The Lieutenant Governor in Council shall desig-
nate a non-profit corporation incorporated without share
capital under the Corporations Act to be the bureau for the
purposes of this Act.
Idem
Objects
(2) No corporation shall be designated under subsection
(1) whose by-laws do not provide for representation of owners
of condominium units on the board of directors.
(3) Upon its designation, the objects of the corporation
are extended to include,
(a) advising and assisting the public in condominium
matters ;
{b) assisting in the resolution of disputes between
condominium corporations and unit owners and
between two or more unit owners and for this pur-
pose appointing review officers and paying their re-
muneration ;
(c) disseminating information for the purpose of edu-
cating and advising condominium corporations and
unit owners concerning condominium matters and
the financial, operating and management practices of
condominium corporations; and
(d) assisting in the formulation and conduct of edu-
cational courses for property management. 1978,
c. 84, s. 56 (1-3).
Sec. 57 (2) CONDOMINIUM Chap. 84 973
(4) The bureau shall appoint review officers who shall ^^®*
perform the duties and exercise the powers given to them appointed
by this Act and the regulations under the supervision of the
bureau and shall perform such other duties as are assigned
to them by the bureau.
(5) All moneys payable under this Act to the bureau shall Revenues and
be retained by the bureau and applied to defray the expenses
incurred and expenditures made in the carrying out of its
duties under this Act and otherwise for the purposes of its
objects set out in subsection (3).
(6) The bureau shall make a report annually to the ^'^^^
Minister of Consumer and Commercial Relations upon the
affairs of the bureau, and the Minister shall submit the report
to the Lieutenant Governor in Council and shall then lay
the report before the Assembly if it is in session or, if not, at
the next ensuing session.
(7) Each corporation shall pay to the bureau an annual ^^eau
fee in the amount prescribed by regulation for each unit
comprising the prop)erty and shall file such information and
material as is prescribed by the regulations.
(8) Every declarant shall file with the bureau the material ^^^^
set out in clauses 26 (3) (/), (g), (h) and (i) prior to the meeting
required under subsection 26 (1).
(9) The bureau is not a Crown agency within the mean- bureau
^ ' o j^ not Crown
ing of the Crown Agency Act. agency
R.S.O 1980,
c. 106
(10) The bureau may exempt corporations from the f^bui^u"
provisions of subsections 36 (2) and (3) as set out in subsection 36
(7). 1978, c. 84, s. 56 (5-11).
57. — (1) Where there is a dispute between a corporation dispute
and an owner or between two or more owners in respect of
any matter relating to this Act, the declaration, by-laws
or rules, any party to the dispute may, prior to the com-
mencement of any court proceeding in respect of the same
matter, refer the matter in dispute to the bureau for
resolution and shall notify all other parties affected.
(2) Within fourteen clear days after the matter has been ^^^^^^
referred to the bureau, the bureau shall give written notice
to all parties of the date, time and place for the consideration
974
Chap. 84
CONDOMINIUM
Sec. 57 (2)
Subject-
matter of
review
Order
Notice
of the matter in dispute and shall designate a person as review
officer to review the matter in dispute.
(3) For purposes of a review under subsection (2), the
review officer may inquire into any matter relevant to the
subject-matter of the dispute, whether or not previously
brought to his attention by the parties.
(4) Upon completing the review and subject to sub-
section (5), the review officer may make an order ordering
any party to the review to do or refrain from doing any
act that is the subject-matter of the review.
(5) Where the review officer proposes to make an order
under subsection (4), he shall serve notice of his proposal to-
gether with written reasons therefor on all parties to the
review.
Idem (6) A notice under subsection (5) shall state that every
party to the review is entitled to appeal the proposed order
to The Commercial Registration Appeal Tribunal and shall
specify the place where the appeal may be filed.
Order may (7) Where there is no appeal to The Commercial Regis-
after notice tration Appeal Tribunal, the review officer may make his
order upon the expiration of twenty-one days after the last
service of notice under subsection (5) on a party to the review.
Order
filed
(8) On the request of any party to the review proceedings,
the review officer shall file a copy of any order made by him
under subsection (4) in the office of the Registrar of the Supreme
Court under section 19 of the Statutory Powers Procedure
Act, which applies thereto.
R.s.o. 1980, (9) Except as provided in subsection (8), the Statutory
does not Powers Procedure Act does not apply to proceedings before
^i'i''> the review officer designated by the bureau.
Appeal (10) Every party to a review proceedings may appeal a
review officer's proposal by filing a notice of appeal with The
Commercial Registration Appeal Tribunal within twenty-one
days after being served with notice of the review officer's
proposal.
Idem (11) On an appeal. The Commercial Registration Appeal
Tribunal may proceed by way of a hearing de novo and
after the hearing, the Tribunal may make any order it con-
siders just and equitable and for such purposes the Tribunal
shall substitute its opinion for that of the review officer.
1978, c. 84, s. 57.
Sec. 59 (1) (/) CONDOMINIUM Chap. 84 975
58. Sections 56 and 57 do not come into force until a day to be Commence-
named by proclamation of the Lieutenant Governor. 1978, I^^56%7
c. 84, s. 62, revised.
REGULATIONS
59. — (1) The Lieutenant Governor in Council may make Renuiations
regulations,
(a) classifying properties for the purposes of the regu-
lations ;
(b) prescribing the duties of officers appointed under
the Land Titles Act or the Registry Act for the pur- R^ o iqso,
- , . . t> J' ^ cc. 2M), 445
pose of this Act;
(c) governing the method of describing in instruments
of a property or any part of a property ;
(d) governing surveys, structural plans, descriptions and
diagrams, and prescribing procedures for their regis-
tration and amendment ;
{e) requiring, in respect of any class of properties, in
lieu of or in addition to the requirements of sec-
tion 4, surveys of the properties showing the units
and common elements ;
(/) respecting the registration and recording of declara-
tions, descriptions, by-laws, notices of termina-
tion and other instruments ;
(g) respecting the names of corporations ;
(h) respecting additions to the common elements;
{i) requiring the payment of fees to officers appointed
under the Land Titles Act or the Registry Act, and
prescribing the amounts thereof ;
(j) prescribing forms and providing for their use;
(k) governing funds intended for the payment of
common expenses;
(/) requiring and governing the books, accounts and
records that shall be kept by condominium cor-
porations and requiring and governing the account-
976 Chap. 84 CONDOMINIUM Sec. 59 (1) (/)
ing to members of condominium corporations in such
manner and at such times as are prescribed;
(m) prescribingsecurity for the purposes of clause 53 (1) (6);
(«) prescribing rates of interest that shall be paid on
moneys required to be held in trust under this
Act;
(o) designating liens or claims for the purposes of
clause 33 (2) (d);
ip) prescribing statements and information required
for the purposes of subsection 32 (8);
iq) regulating and governing the duties and powers of
review officers appointed under subsection 56 (4);
{r) prescribing the amounts of fees that are payable or
chargeable under this Act ;
(s) prescribing information to be filed by corporations
with the bureau ;
(/) prescribing any matter that by this Act is required
or permitted to be or referred to as prescribed by
the regulations.
o/regutauons (^) ^^y Provision of any regulation may be made to apply
to all properties or to any class of properties. 1978, c. 84, s. 58.
{and^to°gSer ^^^' — ^^^ ^° person shall offer to sell any interest in land
ofdwimng together with a grant of exclusive occupancy or use for
prohibited residential purposes of part of a building located on the land
where that person will retain an interest in the land as tenant-
in-common with the offeree unless he does so as a declarant
or proposed declarant under this Act.
Exemptions (2) The Lieutenant Governor in Council may make regula-
from subs. (1) , . ^ ' . , -^ r ,
tions exemptmg any person or group of persons from the
provisions of subsection (1). 1978, c. 84, s. 59.
supersedes ^1- This Act applies notwithstanding any agreement to
agreements j-^e contrary. 1978, c. 84, s. 60.
Sec. 1 (») CONSERVATION AUTHORITIES Chap. 85 977
CHAPTER 85
Conservation Autiiorities Act
1. In this Act, gte^^-^
(a) "administration costs" means salaries and travelhng
expenses of members and employees of an autho-
rity, office rent, maintenance and purchase of
office equipment, expenses connected with exhibits,
visual equipment and printed matter for educa-
tional purposes, and all expenditures necessary for
carrying out the objects of an authority other
than capital expenses and maintenance costs of
approved projects;
(b) "advisory board" means an advisory board ap-
pointed by an authority;
(c) "authority" means a conservation authority estab-
lished by or under this Act or a predecessor of
this Act ;
(d) "executive committee" means the executive com-
mittee appointed by an authority;
{e) "land" includes buildings and any estate, term,
easement, right or interest in, to, over or affecting
land;
(/) "maintenance costs" means all expenditures
required specifically in relation to the operation or
maintenance of an approved project;
ig) "Minister" means the Minister of Natural Resources;
{h) "municipality" means a city, town, village, town-
ship or improvement district, and includes a band
under the Indian Act (Canada) that is permitted ^f^ '^^°'
to control, manage and expend its revenue moneys
under section 69 of that Act;
(t) "participating municipality" means a municipality
that is designated by or under this Act as a
participating municipality ;
978
Chap. 85
CONSERVATION AUTHORITIES
Sec. 1 (i)
(j) "project" means a work undertaken by an authority
for the furtherance of its objects;
R.S.O. 1980,
c. 126
(k) "referee" means the referee appointed under the Drain-
age Act;
(l) "watershed" means an area drained by a river
and its tributaries. R.S.O. 1970, c. 78, s. 1 ; 1972,
c. 1. s. 84 (1).
Calling of
meeting
2. — (1) Where the councils of any two or more munici-
palities situate either wholly or partly within a watershed
by resolution request the Minister to call a meeting for
the establishment of an authority for the watershed or
any defined part thereof, the Minister shall fix a time and
place for such a meeting and shall forthwith notify the
council of every municipality either wholly or partly within
the watershed or such part thereof.
Represent-
atives at
meeting
(2) The council of each municipality may appoint repre-
sentatives to attend the meeting in the following numbers:
Authority
of repre-
sentatives
Quorum
1. Where the population is 250,000 or more, five
representatives.
2. Where the population is 100,000 or more but less
than 250,000, four representatives.
3. Where the population is 50,000 or more but less
than 100,000, three representatives.
4. Where the population is 10,000 or more but less
than 50,000, two representatives.
5. Where the population is less than 10,000, one
representative.
(3) The representatives so appointed have authority to
vote and generally act on behalf of their respective munici-
palities at such meeting.
(4) At any meeting called under this section, a quorum
consists of two-thirds of the representatives that the munici-
palities notified are entitled to appoint, but, where not
fewer than three representatives are present at a meeting or
adjourned meeting, they may adjourn the meeting or
adjourned meeting from time to time. R.S.O. 1970, c. 78,
s. 2.
Sec. 4 (1) ib) CONSERVATION AUTHORITIES Chap. 85 979
3. — (1) Upon receipt by the Minister of a resolution me^t'of"**'
passed at a meeting or adjourned meeting held under authority
section 2 and at which a quorum was present by not less
than two-thirds of the representatives present thereat
requesting the establishment of an authority, the Lieuten-
ant Governor in Council may establish a conservation
authority and designate the municipalities that are the
participating municipalities and the area over which the
authority has jurisdiction. R.S.O. 1970, c. 78, s. 3 (1).
(2) Where a municipality is only partly within the ^^h^"
watershed, the Lieutenant Governor in Council may include g^l^Ss^
the whole or that part of the municipality in the area diction
over which the authority has jurisdiction. 1973, c. 98, s. 1.
(3) The name of each authority shall be determined authority
by the Lieutenant Governor in Council and shall conclude
with the words "conservation authority".
(4) Every authority is a body corporate. Sody°™**
(5) Every authority may, for its purposes, borrow on Borrowing
the promissory note of the authority, at such rate of
interest as the Minister approves, such moneys as may be
required until payment to the authority of any grants and
of sums to be paid to the authority by the participating
municipalities. R.S.O. 1970, c. 78, s. 3 (3-5).
4. — (1) Where a regional municipality has been estab- ^Sic^iity
lished, the regional municipalitv, on and after the 1st to act in place
J r T r ■ ■ , ,• , , oflocalmunl-
day of January after it is established, cipaiities
(a) shall act in the place of the local municipalities
within the regional municipality for the purpose
of appointing representatives to attend a meeting
for the establishment or enlargement of a conserva-
tion authority or the amalgamation of conservation
authorities and for such purpose may apf)oint
representatives in the numbers to which the local
municipalities would otherwise have been entitled;
and
{b) shall be a participating municipality in the place
of such of the local municipalities within the
regional municipality as are wholly or partly within
the area under the jurisdiction of a conservation
authority and shall appoint to each such authority
the number of members to which the local munici-
palities would otherwise have been entitled as
participating municipalities.
980
Chap. 85
CONSERVATION AUTHORITIES
Sec. 4 (2)
established
me*mb°r8 (^) When a regional municipaHty is estabUshed, the
regional members of an authority then holding office who were
mun^cijMd^ty appointed by a local municipality wholly or partly within
the regional municipality shall continue to hold office
until their respective terms of office expire and shall be
deemed to have been appointed by the regional municipality.
R.S.O. 1970, c. 78, s. 4.
tauon'^^ 5. — (1) In this section, "Metropolitan Conservation
Authority" means The Metropolitan Toronto and Region
Conservation Authority.
clfnservation ^^^ ^^^ Metropolitan Toronto and Region Conservation
Authority Authoritv is Continued and has jurisdiction in all matters
continued • i ■, e ■ ^ ■ a \ i ■ ■ ■
provided for in this Act over the area under its juris-
diction on the 31st day of December, 1980, as it may be altered
under this Act.
Present
participating
munici-
palities
(3) The municipalities that were participating municipalities of
the Metropolitan Conservation Authority on the 31st day of
December, 1980, shall continue to be participating municipalities
until otherwise provided under subsection (4). 1971, c. 64, s. 2,
part.
Designation
of partici-
pating
munici-
palities,
area and
appointment
of members
(4) The Lieutenant Governor in Council may designate,
(a) the municipalities that are the participating munici-
palities of the Metropolitan Conservation Authority;
and
(b) the area over which the Metropolitan Conservation
Authority has jurisdiction. 1971, c. 64, s. 2, part;
1973. c. 98, s. 2.
Members
(5) Notwithstanding section 14, the number of members
appointed to the Metropolitan Conservation Authority by
The Municipality of Metropolitan Toronto shall, at all
times, be equal to the total number of members appointed
by the other participating municipalities. 1971, c. 64, s. 2,
part.
6. — (1) The Hamilton Region Conservation Authority
Hamilton
Region
Conservation is continued and has jurisdiction in all matters provided
Authority r ■ , ■ a , -...,..^ ,
continued tor in this Act over the area under its jurisdiction on the
3 1st day of December, 1980, as it may be altered under this Act.
P'''^sF'?' . (2) The municipalities that were participating municipalities of
participating ,xt ^^ r, ■ ^ •»i'ii, j r
munici- the Hamilton Region Conservation Authority on the 31st day or
paiities December, 1980, shall continue to be participating municipalities
until otherwise provided under subsection (3).
Sec. 9 CONSERVATION AUTHORITIES Chap. 85 981
(3) The Lieutenant Governor in Council may designate q ®,5|5^V°°
the* municipahties that are the participating municipahties pa^g
of the Hamilton Region Conservation Authority and thepaiities
area under its jurisdiction.
(4) Notwithstanding section 14, the number of members***™^"
appointed by the City of Hamilton shall, at all times, be
equal to the total number of members appointed by the
other participating municipalities. 1971, c. 64, s. 3.
7. — (1) The Grand River Conservation Authority is con-gj;^^^^^^^^^
tinued as a conservation authority under this Act. R.S.O.servation
1970. C. 78, S. 7 (1). contlnSeJ
(2) The Lieutenant Governor in Council may, of*pai^V-°°
paung
monlcl-
(«) designate the municipalities that are the partici- pjJJ^}*^]^^^
pating municipalities of the Grand River Conserva- of members
tion Authority and the area over which it has
jurisdiction; and
(6) notwithstanding section 14, appoint not more than
eight members to the Authority for a term of
three years. R.S.O. 1970. c. 78, s. 7 (2); 1973. c. 98.
s. 3.
(3) Each member of the Grand River Conservation Authority J^™ °f
appointed by the Lieutenant Governor in Council shall hold members
office until the first meeting of the Grand River Conserva-
tion Authority after the term for which he was appointed
has expired. R.S.O. 1970. c. 78. s. 7 (3).
8. The Lieutenant Governor in Council may designate any Qroniring
group of municipalities that shall be considered as one paiities
municipality for the purpose of appointing a member or
members to a conservation authority and provide for the
appointment of the member or members to be appointed by
a group of municipalities. 1973. c. 98. s. 4.
9. Where the councils of any three municipalities situate Estabiish-
. . ment of
either wholly or partly withm the area comprismg two or authority
more watersheds by resolution request the Minister to
call a meeting for the establishment of an authority for
such watersheds or any defined parts thereof, the provisions
of sections 2 and 3 apply with necessary modifications. R.S.O.
1970, c. 78, s. 8.
982
Meeting for
enlargement
of authority
Repre-
sentatives
Quorum
Chap. 85 CONSERVATION AUTHORITIES
10.— (1) Where,
Sec. 10(1)
{a) an authority has been estabUshed for one or more
watersheds; and
{b) the council of a municipality by resolution requests
the Minister to call a meeting to consider the
enlargement of the area over which the authority
has jurisdiction to include one or more watersheds,
the Minister shall fix a time and place for such a meeting and
shall forthwith notify the secretary-treasurer of the authority
and the council of every municipality situate either wholly
or partly within the watershed or watersheds to be included.
(2) With respect to each municipality so notified, subsection 2
(2) applies.
(3) At any meeting called under this section, a quorum
consists of the number of members of the existing authority
required to constitute a quorum of the authority and two-
thirds of the representatives that the municipalities notified
are entitled to appoint, but, where not fewer than two
members of the authority and three municipal representa-
tives are present at a meeting or an adjourned meeting,
they may adjourn the meeting or adjourned meeting from
time to time.
Enlargement (4) Upon receipt by the Minister of a joint resolution passed
at a meeting or adjourned meeting held under subsection (3)
and at which a quorum was present by not less than two-
thirds of the members of the authority and not less than
two-thirds of the municipal representatives thereat requesting
the enlargement of the area over which the authority has
jurisdiction to include one or more watersheds, the Lieutenant
Governor in Council may enlarge the area accordingly and
may designate the additional municipalities that are the
participating municipalities and the area over which the
enlarged authority has jurisdiction. R.S.O. 1970, c. 78, s. 9.
Amalgama-
tion of
authorities
11.— (1) Where,
{a) two or more authorities have been established for
two or more adjoining watersheds or parts thereof;
and
{b) one or more of such authorities by resolution
requests the Minister to call a meeting to consider
the establishment of one authority to have juris-
diction over the areas then under the separate
jurisdictions of such authorities.
Sec. 12 CONSERVATION AUTHORITIES Chap. 85 983
the Minister shall fix a time and place for such meeting
and shall forthwith notify the secretary-treasurer of each
of the authorities concerned and the council of each
municipality that is a participating municipality with respect
to any of the authorities concerned.
(2) With respect to each municipality so notified, subsection 2 ^tSti
(2) applies.
sentatives
(3) At any meeting called under this section, a quorum Qao""n
consists of two-thirds of the representatives that the munici-
palities notified are entitled to appoint, but, where not
fewer than three representatives are present at a meeting or
adjourned meeting, they may adjourn the meeting or
adjourned meeting from time to time.
(4) Upon receipt by the Minister of a resolution passed ^^^^^'^^j^^g^
at a meeting or adjourned meeting held under subsection (3) authority
and at which a quorum was present by not less than
two-thirds of the representatives present thereat requesting
the establishment of one authority for the watersheds or
parts of watersheds concerned, the Lieutenant Governor in
Council may establish an authority accordingly, dissolve the
existing authorities, and designate the municipalities that
are the participating municipalities and the area over which
the new authority has jurisdiction.
(5) Upon the establishment of a new authority and j^|^{f^f°g<*
the dissolution of the existing authorities under subsection o^former^^
(4), all the assets and liabilities of the dissolved authorities vest in
and become assets and liabilities of the new authority. R.S.O.
1970, c. 78, s. 10.
12. Where, TsX>nty
iction
;of
a watershed
having
jurisdiction
la) an authority has been established and has under in part of
its jurisdiction part of a watershed; and
{b) the council of a municipality, situate either wholly
or partly within any defined part of the watershed
not under the jurisdiction of the authority, by
resolution requests the Minister to call a meeting to
consider the enlargement of the area over which the
authority has jurisdiction to include such defined
part,
the Minister shall fix a time and place for such meeting and
shall forthwith notify the secretary-treasurer of the authority
and the council of every municipality either wholly or
984
Chap. 85
CONSERVATION AUTHORITIES
Sec. 12
partly within such defined part, and the provisions of subsections
10 (2) (3) and (4) apply with necessary modifications. R.S.O.
1970, c. 78, s. 11; 1973, c. 98, s. 5.
Partici-
pating muni-
cipalities
followinsr
annexation,
etc.
13. Where a new municipality is erected or two or
more municipalities are amalgamated or any area is annexed
to a municipality and any part of the resulting munici-
pality is within the area over which an authority has juris-
diction, such resulting municipality shall be deemed to
have been designated a participating municipality by the
Lieutenant Governor in Council. R.S.O. 1970, c. 78, s. 12.
Members of J 4. — (1) Members of an authority shall be appointed by the
respective councils of the participating municipalities in the num-
bers prescribed by subsection 2 (2) for the appointment of rep-
resentatives, and each member shall hold office until the first
rheeting of the authority after the term for which he was appointed
has expired. R.S.O. 1970, c. 78, s. 13 (1).
Idem
(2) Where the total number of members that may be appointed
under subsection (1) is less than four, the Lieutenant Governor in
Council may increase the total number of members that may be
appointed and determine the number of members that a par-
ticipating municipality may appoint. 1973, c. 98, s. 6.
Qualification (3) Every member of an authority shall be resident in a par-
ticipating municipality in which the authority has jurisdiction.
Term
(4) No member of an authority shall be appointed to hold office
for more than three years at any one time. R.S.O. 1970, c. 78,
s. 13 (2, 3).
Where part
only of muni-
cipality
under an
authority
(5) Where part only of a municipality is situated in an
area over which an authority has jurisdiction, the number
of members appointed for the municipality shall be based
on the population of that part only of the municipality,
and such population shall be deemed to be the same propor-
tion of the total population of the whole municipality as
the area of that part of the municipality is of the total area of
the municipality. R.S.O. 1970, c. 78, s. 13 (4); 1978, c. 87,
s. 24.
Members
appointed by
Lieutenant
Governor
in Council
(6) Where a grant is made to an authority under section
40, the Lieutenant Governor in Council may appoint not
more than three members of the authority for a term of
three years, and each such member shall hold office for
the term for which he was appointed and until his successor
is appointed. R.S.O. 1970, c. 78, s. 13 (5).
Sec. 17 (3) CONSERVATION AUTHORITIES Chap. 85 985
15. — (1) The first meeting of an authority shall be held Meetings
at such time and place as may be determined by the
Minister and, in each year thereafter, the authority shall
hold at least one meeting before the 1st day of March and at
least one meeting after the l&t day of July and such
other meetings as it considers necessary to effectively conduct
the affairs of the authority.
(2) Within fifteen days after any meeting of an authority ^jP'^g't^-
or of an executive committee, the secretary-treasurer of members
the authority shall send a copy of the minutes of the
meeting to each member of the authority. R.S.O. 1970,
c. 78, s. 14.
16. — (1) Each member of an authority is entitled to one ^°'®"
vote, and, in the event of a tie vote, the chairman has
a second or deciding vote.
(2) At any meeting of an authority, a quorum consists Quorum
of one-third of the members appointed by the participating
municipalities, except where there are fewer than six such
members, in which case two such members constitute a
quorum.
(3) A majority vote of the members present at any M^ority
meeting is required upon all matters coming before the
meeting. R.S.O. 1970, c. 78, s. 15.
17. — (1) At the first meeting of an authority and there- ^^"°*^
after at the first meeting held in each year, the authority chairmen
shall appoint a chairman and one or more vice-chairmen
from among the members of the authority, but, where a
grant is made to an authority under section 40, the
Lieutenant Governor in Council may appoint the chairman from
among the members of the authority.
(2) Subject to subsection (1), upon the death of the ^^l„
chairman or a vice-chairman, or upon the incapacity of the orvice-
. . ... ^ t "i • chairman
chairman or a vice-chairman to act, or upon the chairman
or a vice-chairman ceasing to be a member of the authority,
the remaining members may appoint a member to fill such
vacancy.
(3) In the event of the absence of the chairman and Ateence of
. . chairman
the vice-chaiiTTien from any meeting of an authority, the and vice-
members present shall appoint an acting chairman who, for
the purf>oses of such meeting, has all the powers and shall
perform all the duties of the chairman. R.S.O. 1970,
c. 78, s. 16.
986
Chap. 85
CONSERVATION AUTHORITIES
Sec. 18 (1)
Appoint-
ment of
employees
18. — (1) An authority shall appoint a secretary-treasurer
and may appoint such other employees as it considers
necessary who shall hold office during the pleasure of the
authority and shall receive such salary or other remuneration
as the authority determines, payable out of the funds of
the authority.
Advisory
boards
(2) An authority may appoint one or more advisory
boards. R.S.O. 1970, c. 78, s. 17.
Executive
committee
19. — (1) The authority may appoint an executive committee
from among the members of the authority.
Chairman,
vice-
chairmen
(2) The chairman and vice-chairmen of the authority
shall be the chairman and vice-chairmen of the executive
committee.
(3) Where a grant is made to an authority under section
40, the Lieutenant Governor in Council may appoint a
Appoint-
ment by
Lieutenant
Council member of the authority to the executive committee. R.S.O.
1970, c. 78, s. 18.
Objects 20. The objects of an authority are to establish and
undertake, in the area over which it has jurisdiction, a
program designed to further the conservation, restoration,
development and management of natural resources other
than gas, oil, coal and minerals. R.S.O. 1970, c. 78, s. 19.
Powers of
authorities
2 1 . For the purposes of accomplishing its objects, an author-
ity has power,
(a) to study and investigate the watershed and to
determine a program whereby the natural resources
of the watershed may be conserved, restored,
developed and managed ;
(6) for any purpose necessary to any project under
consideration or undertaken by the authority, to
enter into and upon any land and survey and take
levels of it and make such borings or sink such
trial pits as the authority considers necessary;
(c) to acquire by purchase, lease or otherwise and to
expropriate any land that it may require, and, sub-
ject to the approval of the Lieutenant Governor in
Council, to sell, lease or otherwise dispose of
land so acquired;
Sec. 21 in) CONSERVATION AUTHORITIES Chap. 85 987
(d) to lease for a term of one year or less, without
the approval of the Lieutenant Governor in Council,
land acquired by the authority ;
(c) to purchase or acquire any personal property that it may
require and sell or otherwise deal therewith;
(/) to enter into such agreements for the purchase of materi-
als, employment of labour and such other purposes as
may be necessary for the due carrying out of any project;
(g) to enter into agreements with owners of private lands to
facilitate the due carrying out of any project;
(h) to determine the proportion of the total benefit afforded
to all the participating municipalities that is afforded to
each of them;
(i) to erect works and structures and create reservoirs by the
construction of dams or otherwise;
(J) to control the flow of surface waters in order to prevent
floods or pollution or to reduce the adverse effects there-
of;
(k) to alter the course of any river, canal, brook,
stream or watercourse, and divert or alter, as well
temporarily as permanently, the course of any
river, stream, road, street or way, or raise or sink
its level in order to carry it over or under, on the
level of or by the side of any work built or to be
built by the authority, and to divert or alter the
position of any water-pipe, gas-pipe, sewer, drain
or any telegraph, telephone or electric wire or pole;
(/) to use lands that are owned or controlled by the authority
for such purposes, not inconsistent with its objects, as it
considers proper;
(m) to use lands owned or controlled by the authority
for park or other recreational purposes, and to
erect, or permit to be erected, buildings, booths and
facilities for such purposes and to make charges for
admission thereto and the use thereof;
(n) to collaborate and enter into agreements with ministries
and agencies of government, municipal councils and
local boards and other organizations;
988
Chap. 85
CONSERVATION AUTHORITIES
Sec. 21 (o)
(o) to plant and produce trees on Crown lands with the
consent of the Minister, and on other lands with the
consent of the owner, for any purpose;
(p) to cause research to be done;
(q) generally to do all such acts as are necessary for the due
carrying out of any project. R.S.O. 1970, c. 78, s. 20;
1971, c. 64, s. 4; 1972, c. 1, s. 2; 1972, c. 4, s. 12.
Grants
access
22. An authority and any municipality may enter into
agreement for the construction or maintenance of a road
or the reconstruction or maintenance of an existing road
under the jurisdiction of the municipality for the purpose
of providing access to lands of the authority used or to
be used for park or recreational purposes. R.S.O. 1970,
c. 78. s. 21.
Water
control
structures,
authority
of Minister
to operate
23. Notwithstanding any powers conferred upon an autho-
rity by this Act, the Minister or his representative may,
when and for such periods as he considers necessary in the
public interest, issue instructions for or take over the
operation of all water control structures of an authority.
R.S.O. 1970, c. 78, s. 22.
Approval
of project
24. — (1) Before proceeding with a project, the authority
shall file plans and a description thereof with and obtain
the approval in writing of the Minister, and, where any
portion of the cost of a project is to be raised in a sub-
sequent year or years, shall also obtain the approval of
the Ontario Municipal Board. R.S.O. 1970, c. 78, s. 23 (1).
Exception (2) Notwithstanding subsection (1), the approval of the
Ontario Municipal Board is not required in respect of a
project that is composed of phases, each of which can be
implemented in any year without a participating munici-
pality being required to raise funds for a phase other
than in the year of implementation of the phase, provided
that each phase shall be deemed to be a project for the
year of its implementation for the purposes of section 25. 1973,
c. 98, s. 7.
Notice re
raising of
portion
of cost
(3) When the statement of apportionment of the cost
of any project requires a municipality to raise any portion
of the cost in a subsequent year or years, the council
shall, within thirty days after it receives the notice of
Sec. 25 (4) CONSERVATION AUTHORITIES Chap. 85 989
apportionment, notify the authority in writing whether
such portion of the cost will be provided by the issue of
debentures or raised by taxation in the subsequent year or
years.
(4) When a municipal council has, in accordance with subsec- Time for
tion 25 (2), notified the secretary of the Ontario Municipal Board apportion-
that it is dissatisfied with any such apportionment, the time re^ew° "
allowed for notifying the authority under subsection (3) shall be
reckoned from the date of the order confirming or varying the
apportionment.
(5) Where any municipality is required to obtain the ^ppJJ,^^^°^
approval of the Ontario Municipal Board with respect to on behalf of
iif • • t ..• ..\. • ^ ^municipality
the raising of moneys in connection with any project of
the authority, the application of the authority under sub-
section (1) shall be considered an application for such approval on
behalf of the municipality.
(6) Notwithstanding the Lakes and Rivers Improvement Act, a Approval
project for the construction of dams or other works on a lake or r.s.o. i980,
river that has been approved under this section does not require ^ ^^'
approval under that Act. R.S.O. 1970, c. 78, s. 23 (2-5).
25. — (1) When an authority has determined the proportion Notice of
of the total benefit of any project afforded to all the ment
participating municipalities that is afforded to each of
them, it shall cause a notice containing a statement of
such apportionment to be sent to the council of each
participating municipality by registered mail.
(2) Any municipal council that is dissatisfied with any ^^?^on-
such apportionment may, within thirty days after it receives g'^J^'y
notice of the apportionment, notify the secretary of the
Ontario Municipal Board and the authority in writing by
registered mail that it applies for a review of the apportion-
ment by the Ontario Municipal Board.
(3) Upon such application, the Ontario Municipal Board Hearing
shall fix a date for the hearing of all interested parties
and shall give all necessary directions for the hearing.
(4) The Ontario Municipal Board has authority to take^oj^Q^Jf
evidence, to confirm or vary the apportionment of the hearing
authority and to fix and award costs, and its decision is
final and conclusive and is not open to appeal.
990
Chap. 85
CONSERVATION AUTHORITIES
Sec. 25 (5)
Variation of (5) Jn the event of the authority varying any apportionment
appor ion- ^ade by it, the provisions of this section apply with necessary
modifications. R.S.O. 1970, c. 78, s. 24.
26. — (1) An authority may, from time to time, determine what
Determina-
capitai moneys will be required for capital expenditure in connection with
expenditure ^ny prOJect.
berai8ed° (2) The portion of the moneys so required that each
bypartici- participating municipality shall raise shall be in the same
cipaiities^ proportion as the benefit derived by each such municipality
bears to the total benefit derived by all participating
municipalities.
How money
to be raised
(3) Upon notice in writing of the amount required to be
raised, signed by the secretary-treasurer of the authority,
each participating municipality shall raise by the issue of
debentures or otherwise such moneys as may be required by
the authority for capital expenditure, subject only to such
conditions as the Ontario Municipal Board may impose as
to the time and manner of the raising of such moneys.
ofpaymenT* (4) Subject to subsection (3), an authority may enforce
payment against any participating municipality of the
portion of the capital cost required to be raised by the
municipality as a debt due by the municipality to the
authority.
Where only
part of muni-
cipality
in area
(5) Where only a part of a participating municipality is
situated in the area over which the authority has jurisdiction,
the portion of the moneys required to be raised by that
municipality for capital expenditure may be charged only
against the rateable property in that part of the municipality.
Limited
benefit
Interpre-
tation
(6) Where the council of a participating municipality is
of opinion that the major part of the benefit to be derived
from a specific work accrues to a limited area of the
municipality, the council, with the approval of the Minister,
may by by-law provide that a specified portion of the
moneys required to be raised by that municipality for capital
expenditure in connection with that work shall be defrayed
by a special rate upon the rateable property in that area,
which area shall be defined in the by-law, and that the
balance of such moneys shall be defrayed by a special rate
upon the rateable property in the remaining portion of the
municipality within the area over which the authority
has jurisdiction. R.S.O. 1970, c. 78, s. 25.
27. — (1) In subsection (3), "equalized assessment" means
the assessment upon which taxes are levied in the year
Sec. 27 (7) CONSERVATION AUTHORITIES Chap. 85 991
preceding the year in which the proportion will be payable
as adjusted by the application of the equalization factor
based on such assessment provided by the Ministry of
Revenue. R.S.O. 1970, c. 78, s. 26 (1); 1972, c. 3, s. 17 (2).
(2) After determining the approximate maintenance costs Apponion-
for the succeeding year, the authority shall apportion such maintenance
costs to the participating municipalities according to the
benefit derived or to be derived by each such municipality,
and the amount apportioned to each municipality shall be
levied against each such municipality.
(3) After determining the approximate administration costs ^1^^^°^-
for the succeeding vear, the authoritv shall apportion such administra-
. . ^, f. i ^. ,.-1. .F^ .. tioncosts
costs to the participatmg municipalities in the proportion
that the equalized assessment of the municipality or part
bears to the equalized assessment of the whole area under the
jurisdiction of the authority, and the amount apportioned
to each municipality shall be levied against each such
municipality.
(4) An authority may establish a minimum sum that mayMUiimum
be levied for administration costs bv the authoritv against administra-
a participating municipality, and, where the amount appor-
tioned to any municipality under subsection (3) is less than
such minimum sum, the authority may levy the minimum sum
against such municipality.
(5) The secretary-treasurer of the authoritv, forthwith Notice of
,, i • ■, t ^ • apportion-
after the amounts have been apportioned under, subsections ment
(2), (3) and (4), shall certify to the clerk of each participating
municipality the total amount that has been levied under such
subsections, and such amount shall be collected by the municipal-
ity in the same manner as municipal taxes for general purposes.
(6) Where only a part of a participating municipality is ^i^^®"
situated in the area over which the authority has jurisdiction, of^JJ^"
the amount apportioned to that municipality may be in area
charged only against the rateable property in that part
of the municipality and shall be collected in the same
manner as municipal taxes for general purposes.
(7) An authority may enforce payment against any parti- of^r!j^2ift°'
cipating municipality of any portion of the maintenance
costs or administration costs levied against such munici-
pality as a debt due by such municipality to the authority.
R.S.O. 1970, c. 78, s. 26 (2-7).
992 Chap. 85 conservation authorities Sec. 28 (1)
Regulations 28. — (1) Subjcct to the approval of the Lieutenant Governor
y au on y .^ Council, an authority may make regulations applicable in the
area under its jurisdiction,
(a) restricting and regulating the use of water in or
from rivers, streams, inland lakes, ponds, swamps,
and natural or artificially constructed depressions in
rivers or streams ;
(6) prohibiting or regulating or requiring the permission
of the authority for the straightening, changing,
diverting or interfering in any way with the
existing channel of a river, creek, stream or water-
course ;
(c) regulating the location of ponds used as a source
of water for irrigation;
{d) providing for the appointment of officers to enforce any
regulation made under this section or section 29;
{e) prohibiting or regulating or requiring the per-
mission of the authority for the construction of any
building or structure in or on a pond or swamp
or in any area susceptible to flooding during a
regional storm, and defining regional storms for the
purposes of such regulations; and
(/) prohibiting or regulating or requiring the permis-
sion of the authority for the placing or dumping
of fill of any kind in any defined part of the area
over which the authority has jurisdiction in which
in the opinion of the authority the control of flood-
ing or pollution or the conservation of land may be
affected by the placing or dumping of fill. R.S.O.
1970, c. 78, s. 27 (1); 1971, c. 64, s. 5 (1); 1973,
c. 98, s. 8 (1-3).
Exceptions (2) No regulation made under this section,
{a) shall limit the use of water for domestic or live
stock purposes;
{b) shall interfere with any rights or powers conferred
upon a municipality in respect of the use of water
for municipal purposes;
(c) shall interfere with any rights or powers of Ontario
Hydro or of any board or commission that is perform-
Sec. 29 (1) (a) conservation authorities Chap. 85 993
ing its functions for or on behalf of the Government
of Ontario; or
(d) shall interfere with any rights or powers under the Pub- '^ ^,9 '^*^'
lie Utilities Act. R.S.O. 1970, c. 78, s. 27 (2); 1971, "
c. 64, s. 5 (2); 1973, c. 57, s. 19.
(3) Before refusing permission required under a regulation Hearing
made under clause (1) (6), ie) or (/), the authority, or where the
power to issue permission has been delegated to its executive
committee, the executive committee shall hold a hearing to which
the applicant shall be a party.
(4) After holding a hearing under subsection (3), the authority Reasons for
or committee, as the case may be, shall give written reasons for its
refusal to the applicant.
(5) An applicant who has been refused permission may, within Appeal
thirty days of the receipt of the reasons for the decision, appeal to
the Minister who may dismiss the appeal or grant the permis-
sion. 1973, c. 98, s. 8 (4).
(6) Every person who contravenes any regulation made under Offence
this section is guilty of an offence and on conviction is liable to a
fine of not more than $1,000 or to a term of imprisonment of not
more than three months.
(7) In addition to any other remedy or penalty provided by law, Order for
the court, upon making a conviction under subsection 6 for con- ^oum.
structing a building or structure or placing or dumping fill in structure,
contravention of any regulation made under this section, may
order the person convicted to remove any such building, structure
or fill within such time as the court orders, and, if such person fails
to comply with such order, the authority having jurisdiction in the
area in which such building, structure or fill is situated may cause
the building, structure or fill to be removed, and the cost thereof
shall be borne and paid by the person convicted and is recoverable
by the authority by action in a court of competent jurisdic-
tion. R.S.O. 1970, c. 78, s. 27 (3, 4).
29. — (1) Subject to the approval of the Lieutenant ^^e^ia"o°8
Governor in Council, an authority may make regulations
applicable to lands owned by the authority,
(a) regulating and governing the use by the public of
the lands and the works, vehicles, boats, services
and things of the authority;
994 Chap. 85 conservation authorities Sec. 29 (1) {b)
{b) providing for the protection and preservation from
damage of the property of the authority;
(c) prescribing fees for the occupation and use of lands
and works, vehicles, boats, recreational facilities
and services;
(d) prescribing permits designating privileges in con-
nection with use of the lands or any part thereof and
prescribing fees for such permits;
(e) regulating and governing vehicular and pedestrian
traffic and prohibiting the use of any class of
vehicle or classes of vehicles;
(/) prohibiting or regulating and governing the erection,
posting up or other display of notices, signs, sign
boards and other advertising devices;
(g) prescribing terms and conditions under which horses,
dogs and other animals may be allowed on the lands or
any part thereof; and
R.s.o. 1980, (z^) subject to the Forest Fires Prevention Act and the regu-
lations made thereunder, prohibiting or regulating and
governing the use, setting and extinguishment of fires.
^^f{^'^<:'-' (2) Every person who contravenes any regulation made under
this section is guilty of an offence and on conviction is liable to a
fine of not more than $100. R.S.O. 1970, c. 78, s. 28.
Regulations 3(). Subjcct to the approval of the Minister, an authority shall
make regulations,
(a) providing for the calling of meetings of the authority
and prescribing the procedure at such meetings;
(6) prescribing the powers and duties of the secretary-
treasurer ;
(c) designating and empowering officers to sign contracts,
agreements and other documents on behalf of the
authority; and
{d) delegating all or any of its powers to the executive
committee except,
(i) the termination of the services of the secretary-
treasurer.
Sec. 32 (3) CONSERVATION AUTHORITIES Chap. 85 995
(ii) the power to raise money, and
(iii) the power to enter into contracts or agree-
ments other than such contracts or agreements
as are necessarily incidental to the works
approved by the authority.
(2) Every authority shall make regulations under subsection (1) Time for
within one year after its establishment. R.S.O. 1970, c. 78, s. 29. re^iUuons
3 1 . The Expropriations Act applies where land is exprop-'^pp''<^a^on
riated by an authority or where land is injuriously affected by anR.s.o. i98o,
authority in the exercise of its statutorv- powers. 1971, c. 64, s. 6. *^ ^^^
32. — (1) Where any land required for the carrying out of Afifecu^^^
a project or a part thereof is Crown land, a plan and descrip-
tion of the land prepared and signed by an Ontario land
surveyor and signed by the chairman or vice-chairman of
the authority shall be deposited with the Minister, and the
project or the part thereof shall not be proceeded with until
the authority has received the approval in writing of the
Minister. R.S.O. 1970, c. 78, s. 31 (1); 1972. c. 4, s. 12.
(2) Where a project or a part thereof may interfere with J°terf«rence
a public work of Ontario or of Ontario Hydro, the work
authority shall file with the Minister of Government Services
or with Ontario Hydro, as the case may be, a plan and
description of the project or a part thereof together with a
statement of the interference with the public work that
may occur and a statement of the manner in which the
authority proposes to remedy the interference, and the
project or the part thereof shall not be proceeded with
until the authority has received the approved in writing of
the Minister of Government Services or of Ontario Hydro,
as the case may be. R.S.O. 1970, c. 78, s. 31 (2) ; 1973, c. 2,
s. 2; 1973, c. 57, s. 19.
(3) Where a project or a part thereof will interfere with J°^'^®'^°*^
a public road or highway, the authority shall file with theiiiKhway
Minister of Transportation and Communications a plan
and description of the project or a part thereof together
with a statement of the interference with the public road
or highway that will occur and a statement of the manner
in which the authority proposes to remedy the interference,
and the project or the part thereof shall not be proceeded
with until the authority has received the approval in writing
of the Minister of Transportation and Communications.
R.S.O. 1970, c. 78, s. 31 (3); 1972, c. 1, s. 100 (2).
996
Chap. 85
CONSERVATION AUTHORITIES
Sec. 32 (4)
Costs,
how to be
borne
(4) The cost of rebuilding any road, highway, bridge,
pubHc work or work of Ontario Hydro or any part
thereof and the cost of any other work that any of the
Ministers of the Crown or Ontario Hydro may require to
be done under this section shall be borne by the authority,
except where an agreement providing for payment thereof
in some other manner has been entered into with the
Crown in right of Ontario or Ontario Hydro, as the case
may be. R.S.O. 1970, c. 78, s. 31 (4); 1973, c. 57, s. 19.
Assessment
of lands of
authority
R.S.O. 1980,
cc. 302, 31
33. — (1) Land vested in an authority, except works erected by
an authority for the purposes of a project, is taxable for municipal
purposes by levy under subsection 158 (3) of the Municipal Act
upon the assessment of such land determined in each year by the
Ministry of Revenue based on the assessed value of the land at the
market value thereof in accordance with section 18 of the Assess-
ment Act as if the works erected by the authority on such land had
not been erected. R.S.O. 1970, c. 78, s. 32 (1); 1972, c. 1,
s. 84 (2).
Assessment
of rented
property
(2) Notwithstanding subsection (1), section 17 of the Assess-
ment Act applies with necessary modifications in respect of lands
vested in an authority. R.S.O. 1970, c. 78, s. 32 (2).
Valuation
notice
(3) The Ministry of Revenue shall, on completion of the
valuation of such land, deliver or mail to each authority
concerned and to the clerk of each municipality in which
any of such land is situate a notice setting out the valuation
of such land in the municipality. R.S.O. 1970, c. 78, s. 32 (3) ;
1972, c. 1, s. 84 (2).
Appeal (4) Any such municipality or the authority may appeal to
the Ontario Municipal Board against the valuation of the
land in the municipahty.
Notice of
appeal
Hearing
(5) A notice of appeal to the Ontario Municipal Board under
subsection (4) shall be sent by the party appealing, by registered
mail, to the secretary of the Board within twenty-one days after
the notice of valuation has been delivered or mailed under subsec-
tion (3).
(6) Upon receipt of a notice of appeal, the secretary of
the Ontario Municipal Board shall arrange a time and
place for hearing the appeal and shall send notice thereof
to all parties concerned in the appeal at least fourteen days
before the hearing.
Jurisdiction
on appeal
(7) The Ontario Municipal Board upon appeal shall deter-
mine the amount at which the land in question shall be
Sec. 34 (3) (d) conservation authorities Chap. 85 997
valued, and the decision of the Board is final and binding.
R.S.O. 1970. c. 78, s. 32 (4-7).
(8) The assessment of land under subsection (1) shall be deter- 1^^,^^^^
mined by the Ministry of Revenue'in each year for the purpose of
taxation in the following year. R.S.O. 1970, c. 78, s. 32(8); 1972,
c. 1, s. 84 (2).
34. — (1) Where the carrying out of a project will require J^®jJ5|'^®''y
the use of a cemetery or other place of interment of
human remains, the authority shall acquire other suitable lands
for the interment of the bodies contained in the cemetery
or other place of interment.
(2) The authority shall forward a notice to the owner of^j°^^^^j.g
each lot in the cemetery or other place of interment, but,
if the owner or his whereabouts is unknown, the notice
shall, wherever possible, be forwarded to some other person
having an interest in the plot through relationship or
otherwise to a deceased person buried therein.
(3) The authority shall also cause a notice to be published of^no«c"°°
once a week for at least three weeks in a newspajjer having
general circulation in the locality where the cemetery or other
place of interment is located, which notice shall state,
{a) that the cemetery or other place of interment has
been acquired for the purposes of the authority ;
(b) that other land, describing it, has been acquired by
the authority for the purpose of reinterring the
bodies ;
(c) that the authority will at its own expense proceed
to remove the bodies from the cemetery or other place
of interment to the lands acquired for reinterment
at a time not less than one month after the for-
warding or third publication of the notice, whichever
is the later date ; and
(d) that the owner of any plot in the cemetery or other
place of interment, or any other person with the
approval of the authority, may cause any body
interred in the cemetery or other place of inter-
ment to be removed to any other place of interment
at his own expense if he obtains permission from the
authority and effects the removal within one month
from the forwarding or insertion of the notice,
whichever is the later date, or before such later date
as the authority determines.
998 Chap. 85 conservation authorities Sec. 34 (4)
Authority (4) The authority has full power to cause the removal of
bodies any body from such cemetery or place of interment to any
lands acquired under subsection (1) notwithstanding any other
Act and to authorize the removal by any other person of any such
body for reinterment in any other cemetery or place of interment.
headstones (^^ Where a body is removed and reinterred, any head-
stone or other stone shall be removed and re-erected at the
place of reinterment.
ofiam^^for* (^) '^^^ authority shall render land, including fences and
reinterment buildings, acquired for the reinterment of bodies, in a fit
and proper condition and shall convey the land to the owner of
the cemetery or other place of interment from which the
bodies were removed. R.S.O. 1970, c. 78, s. 33.
Use of 35. — (1) Subject to the right of an authority to use any
water power created upon lands vested m it for its own uses,
which does not include the marketing or sale of power,
Ontario Hydro has the sole right to use such water power,
but Ontario Hydro may consent to the use of any such water
power by any person on such terms and conditions as are
satisfactory to it and to the authority. R.S.O. 1970, c. 78,
s. 34(1);1973, c. 57, s. 19.
compensa- (2) Ontario Hydro shall pay to the authority an annual,
waterpower reasonable compensation for the use of any such water power
used by Ontario Hydro. R.S.O. 1970, c. 78. s. 34 (2) ; 1973,
c. 57, s. 19.
Determina- (3) Where the authority and Ontario Hydro are unable to
compensa- agree upon the amount of compensation payable, the amount
shall be determined by a committee of three members com-
prising a person appointed by the Minister, the chief engineer
of Ontario Hydro and an engineer to be agreed upon by
both of them, or, in the event that they are unable to agree,
appointed by the Lieutenant Governor in Council, and the
engineer so agreed upon or appointed shall act as chairman
of the committee, and there is no appeal from the committee,
but, after ten annual payments of compensation, the amount
of compensation shall be redetermined by a like committee
at the request of either the authority or Ontario Hydro.
R.S.O. 1970, c. 78, s. 34 (3) ; 1973, c. 57, s. 19.
chareefor (4) Subject to review by Ontario Hydro, an authority shall
power charge persons who at the time of the establishment of the
authority are, or thereafter become, users of power derived
by them from the use of the waters of the watershed for any
Sec. 40 CONSERVATION AUTHORITIES Chap. 85 999
additional power generated from increased head or flow due
to the works undertaken by the authority. R.S.O. 1970,
c. 78, s. 34(4); 1973, c. 57, s. 19.
(5) This section does not apply to water power reserved to the ^^ *'^" *^ctj<'"
Crown under the PM6/fcZ,a«c^5 /I c^ R.S.O. 1970, c. 78, s. 34(5). r.s.o i98o,
c. 413
36. Where by this Act any power is conferred or duty imposed As**^"' °^
upon a municipality, or the council of a municipality, including a necessan
power or duty to raise money, such power may be exercised and
such duty shall be performed by the council of the municipality
without the assent of the electors. R.S.O. 1970, c. 78, s. 35.
37. The Municipal Conflict of Interest Act applies with neces- Connict
sary modifications to a member of a conservation author- ^^q j^^q
ity. 1973, c. 98, s. 10. c. 3os
38. All moneys required by this Act to be raised for the ^^^^^^q
purposes of an authority shall be paid to the authority, and authority
the authority may spend such moneys as it considers
proper, except that no salary, expenses or allowances of any
kind shall be paid to any of the members of the authority
without the approval of the Ontario Municipal Board.
R.S.O. 1970, c. 78, s. 37.
39. — (1) Every authority shall cause its accounts and transac- Annual
tions to be audited annually by a person licensed under the Public ^^^ ^g^
Accountancy Act. c. 405
(2) No person shall be appointed as auditor of an authority Auditor
who is or during the preceding year was a member of the
authority or who has or during the preceding year had any
direct or indirect interest in any contract or any employ-
ment with the authority other than for services within his
professional capacity.
(3) An authority shall, upon receipt of the auditor's ^^^t^'^
report of his examination of its accounts and transactions,
forthwith forward a copy of the report to each participating
municipality and to the Minister. R.S.O. 1970, c. 78, s. 38.
40. Grants may be made by the Minister to any authority Grants
out of the moneys appropriated therefor by the Legislature
in accordance with such conditions and procedures as may
be prescribed by the Lieutenant Governor in Council.
R.S.O. 1970, c. 78, s. 39.
Sec. 7 CONSTITUTIONAL QUESTIONS Chap. 86 1001
CHAPTER 86
Constitutional Questions Act
1. The Lieutenant Governor in Council may refer to the Reference
to court.
Court of Apf)eal or to a judge of the Supreme Court for authorized
hearing and consideration any matter that he thinks fit, and
the court or judge shall thereupon hear and consider the
matter so referred. R.S.O. 1970, c. 79, s. 1.
2. The court or judge shall certify to the Lieutenant coart to
^ . „ .^ .° , . y. , certify
Governor m Council its or his opinion on the matter opinion
referred, accompanied by a statement of the reasons there-
for, and, in the case of a reference to the Court of Appeal,
any judge who differs from the opinion may in like manner
certify his opinion and his reasons. R.S.O. 1970, c. 79, s. 2.
3. Where the matter relates to the constitutional validity Attorney
of an Act of the Legislature or a provision thereof, the ^^^j?"^!^
Attorney General for Canada shall be notified of the hearing
in order that he may be heard if he sees fit. R.S.O.
1970, c. 79, s. 3.
4. The court or judge may direct that any person in- ^i^^^
terested, or, where there is a class of persons interested, interested
any one or more persons as representatives of the class, be
notified of the hearing, and such p)ersons are entitled to be
heard. R.S.O. 1970, c. 79, s. 4.
5. Where an interest affected is not represented byAppoint-
counsel, the court or judge may request counsel to argue the counsel
case in such interest, and the reasonable expenses thereof
shall be paid by the Treasurer of Ontario out of any
money appropriated by the Legislature and applicable for
that purpose. R.S.O. 1970, c. 79, s. 5.
6. The opinion of the judge shall be deemed a judgment of Appeal
the court, and an appeal lies therefrom as from a judgment
in an action. R.S.O. 1970, c. 79, s. 6.
7. Where an appeal is had to the Court of Appeal, Enactments
sections 2 to 5 apply as if the original reference had been to appeals
to the Court of Appeal. RS.O. 1970, c. 79, s. 7.
Sec. 1 ie) (i) (B) consumer protection Chap. 87 1003
CHAPTER 87
" Consumer Protection Act
1. In this Act. Interpre-
tation
(a) "actually received" means the sum of money
received by the borrower from the lender that can
be used by the borrower without any restrictions on
its use imposed by the lender;
{b) "borrower" means a person who receives credit;
(c) "business premises" does not include a dwelling;
id) "buyer" means a person who purchases goods for
consumption or services under an executory
contract and includes his agent, but does not
include a person who buys in the course of
carrying on business or an association of individ-
uals, a partnership or a corporation ;
{e) "cost of borrowing" means,
(i) in the case of credit other than variable
credit, the amount by which,
(A) the total sum that the borrower is
required to pay if the payments required
are made as they become due, includ-
ing all such sums regardless of the
purpose or reason for the payment or
the time of the payment,
exceeds,
(B) the sum actually received in cash by
the borrower or, where the lender is a
seller, the amount of the cash price of
the goods or services less the sums, if
any, actually paid as a down payment
or credited in respect of a trade-in or
paid or credited for any other reason
plus, in each case, insurance or ofiicicd
fees, if any, actually paid by the lender,
1004 Chap. 87 consumer protection Sec. 1 (e) (ii)
(ii) in the case of variable credit, the charges
made in respect of the extension of the
variable credit;
(/) "credit" means credit for which the borrower
incurs a cost of borrowing and,
(i) given under an agreement between a seller
and a buyer to purchase goods or services
by which all or part of the purchase price
is payable after the agreement is entered
into, or
(ii) given by the advancement of money,
but does not include credit given on the security
of a mortgage of real property;
(g) "Director" means the Director of the Consumer
Protection Division of the Ministry of Consumer
and Commercial Relations;
{h) "dwelling" means any premises or any part thereof
occupied as living accommodation ;
(i) "executory contract" means a contract between a
buyer and a seller for the purchase and sale of
goods or services in respect of which delivery of
the goods or performance of the services or payment
in full of the consideration is not made at the
time the contract is entered into;
0) "goods" means personal property;
(k) "itinerant seller" means a seller whose business
includes soliciting, negotiating or arranging for the
signing by a buyer, at a place other than the
seller's permanent place of business, of an executory
contract for the sale of goods or services, whether
personally or by his agent or employee;
(/) "lender" means a person who extends credit;
(m) "Minister" means the Minister of Consumer and
Commercial Relations;
(«) "Ministry" means the Ministry of Consumer and
Commercial Relations;
Sec. 2 CONSUMER PROTECTION Chap. 87 1005
(o) "official fee" means a fee that is required to be
paid by or under a statute of Ontario or Canada;
ip) "prescribed" means prescribed by this Act or the
regulations ;
iq) "purchase price" means the total obligation payable
by the buyer under an executory contract ;
(y) "registered" means registered under this Act;
is) "Registrar" means the Registrar of the Consumer
Protection Bureau;
(0 "regulations" means the regulations made under
this Act ;
(m) "seller" means a person who is in the business of
selling goods or services to buyers, and includes
his agent ;
(v) "trade-in" means consideration given by a buyer
in a form other than money or an obligation to
pay money;
(w) "Tribunal" means The Commercial Registration
Appeal Tribunal under the Ministry of Consumer and ^^^P I'.so.
Commercial Relations Act;
(x) "variable credit" means credit made available under
an agreement whereby the lender agrees to make
credit available to be used from time to time, at
the option of the borrower, for the purpose of the
purchase from time to time of goods or services,
and, without limiting the generality of the foregoing,
includes credit arrangements commonly known as
revolving credit accounts, budget accounts, cyclical
accounts and other arrangements of a similar nature.
R.S.O. 1970, c. 82, s. 1; 1971, c. 50, s. 23 (1); 1972,
c. 1, s. 35.
2. This Act does not apply to the sale of a public utility Application
as defined in section 1 of the Public Utilities Act or to any ^c^^^,^^^^'
charge for the transmission, distribution or storage of gas
as defined in the Ontario Energy Board Act where such
charge has been approved by the Ontario Energy Board.
R.S.O. 1970, c. 82, s. 2.
1006 Chap. 87 CONSUMER PROTECTION ScC. 3
PART I
REGISTRATION OF ITINERANT SELLERS
Registrar ^* ^^^ Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Part under the supervision of the Director.
R.S.O. 1970, c. 82. s. 3.
Sf ufred"°° *• — (^) ^^ person shall carry on business as an itinerant
seller unless he is registered by the Registrar under this Act.
place 0°*^ (2) A registered itinerant seller shall not carry on business
business in a name other than the name in which he is registered or
from a place of business other than that authorized by
the registration.
Representa- (3) Nq person shall publish or cause to be published in
writing any representation that he is registered under
this Act. R.S.O. 1970, c. 82, s. 4.
Regristration 5^ — (J) An applicant is entitled to registration or renewal
of registration by the Registrar except where,
(a) having regard to his financial position, the appli-
cant cannot reasonably be expected to be financially
responsible in the conduct of his business; or
{b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial position, it
cannot reasonably be expected to be finan-
cially responsible in the conduct of its
business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty; or
(d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in contra-
vention of this Act or the regulations.
Sec. 7 (6) CONSUMER PROTECTION Chap. 87 1007
(2) A registration is subject to such terms and conditions ^^[J^^^o^
to give effect to the purposes of this Act as are consented
to by the appHcant, imposed by the Tribunal or prescribed
by the regulations. 1971, c. 50, s. 23 (2), part.
6.— (1) Subject to section 7, the Registrar may refuse to^'J^^.^
register an applicant where in the Registrar's opinion
the applicant is disentitled to registration under section 5.
(2) Subject to section 7, the Registrar may refuse to^^^^
renew or may suspend or revoke a registration for any J^p|°** °'"
reason that would disentitle the registrant to registration
under section 5 if he were an applicant, or where the
registrant is in breach of a term or condition of the
registration. 1971, c. 50, s. 23 (2), part.
7. — (1) Where the Registrar proposes to refuse to grant Nowceof
or renew a registration or proposes to suspend or revoke a to refuse
or rflvfiicfl
registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection (1) shall inform the applicant j!^q*^ng
or registrant that he is entitled to a hearing by the^ea"°«
Tribunal if he mails or delivers, within fifteen days after the
notice under subsection (1) is served on him, notice in
writing requiring a hearing to the Registrar and the
Tribunal, and he may so require such a hearing.
(3) Where an applicant or registrant does not require ag^*®^^
hearing by the Tribunal in accordance with subsection (2), ^^^°
the Registrar may carr>' out the proposal stated in his
notice under subsection (1).
(4) Where an applicant or registrant requires a hearing p^^^o'
by the Tribunal in accordance with subsection (2), the Tribunal wh^
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
(5) The Tribunal may attach such terms and conditions J!°°^*^|.°'"
to its order or to the registration as it considers proper
to give effect to the purposes of this Act.
(6) The Registrar, the applicant or registrant who hasP*"*®^
required the hearing and such other persons as the Tribunal
1008
Chap. 87
CONSUMER PROTECTION
Sec. 7 (6)
may specify are parties to proceedings before the Tribunal
under this section.
Voluntary
cancellation
(7) Notwithstanding subsection (1), the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
Continuation (g) Where, within the time prescribed therefor or, if no
registration time is prescribed, before expiry of his registration, a
renevwS registrant has applied for renewal of his registration and
paid the prescribed fee, his registration shall be deemed
to continue,
(a) until the renewal is granted; or
(6) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until
the time for giving notice requiring a hearing has
expired and, where a hearing is required, until the
Tribunal has made its order.
Order
effective,
sta\-
R.S.O. 1980,
c. 274
(9) Notwithstanding that a registrant appeals from an
order of the Tribunal under section 1 1 of the Ministry of
Consumer and Commercial Relations Act, the order takes
effect immediately but the Tribunal may grant a stay
until disposition of the appeal. 1971, c. 50, s. 23 (2), part;
1972, c. 1. s. 23 (5).
Further
applications
8. A further application for registration may be made
upon new or other evidence or where it is clear that material
circumstances have changed. R.S.O. 1970, c. 82, s. 21.
Investiga-
tion of
complaints
9. — (1) Where the Registrar receives a complaint in
respect of an itinerant seller and so requests in writing,
the itinerant seller shall furnish the Registrar with such
information respecting the matter complained of as the
Registrar requires.
Idem
(2) The request under subsection (1) shall indicate the
nature of the inquiry involved.
Idem
(3) For the purposes of subsection (1), the Registrar or
any person designated in writing by him may at any
reasonable time enter upon the business premises of the
itinerant seller to make an inspection in relation to the
complaint. R.S.O. 1970, c. 82, s. 22.
Sec. 12(1) (a) consumer protection Chap. 87 1009
10. — (1) The Registrar or any person designated by him ^°*p®*'"°°
in writing may at any reasonable time enter upon the
business premises of a registered itinerant seller to make an
insf)ection to ensure that the provisions of this Act and
the regulations relating to registration and the maintenance
of trust accounts are being complied with.
(2) Where the Registrar has reasonable and probable i**®'"
grounds to believe that any person is acting as an itinerant
seller while unregistered, the Registrar or any person
designated by him in writing may at any reasonable time
enter upon such person's business premises to make an
insp)ection for the purpose of determining whether or not
the person is in contravention of section 4. R.S.O. 1970,
c. 82, s. 23.
11. — (1) Upon an inspection under section 9 or 10, the ^"^l^ion
person inspecting,
(a) is entitled to free access to all books of account,
cash, documents, bank accounts, vouchers, corre-
spondence and records of the person being inspected
that are relevant for the purposes of the inspection ;
and
(b) may, upon giving a receipt therefor, remove any
material referred to in clause (a) that relates to the
purpose of the inspection for the purpose of making
a copy thereof, provided that such copying is
carried out with reasonable dispatch and the material
in question is promptly thereafter returned to the
person being inspected,
and no person shall obstruct the person inspecting or
withhold or destroy, conceal or refuse to furnish any informa-
tion or thing required by the person inspecting for the
purposes of the inspection. R.S.O. 1970, c. 82, s. 24 (1);
1971. c. 50, s. 23 (4).
(2) Any copy made as provided in subsection (1) and ^^j^y^of'
purporting to be certified by an inspector is admissible in copies
evidence in any action, proceeding or prosecution as prima
facie proof of the original. R.S.O. 1970, c. 82, s. 24 (2).
12. — (1) Every itinerant seller shall, within five days ^j^^^^
after the event, notify the Registrar in writing of,
(a) any change in his address for service;
1010
Chap. 87
CONSUMER PROTECTION
Sec. 12 (1) ib)
Idem
Financial
statements
R.S.O. 19.s(),
c. 405
Statement
confidential
{b) any change in the officers in the case of a
corporation or of the members in the case of a
partnership.
(2) The Registrar shall be deemed to be notified under
subsection (1) on the day on which he is actually notified or,
where the notification is by mail, on the day of mailing.
R.S.O. 1970, c. 82, s. 25.
13. — (1) Every itinerant seller shall, when required by
the Registrar with the approval of the Director, file a
financial statment showing the matters specified by the
Registrar and signed by the itinerant seller and certified
by a person licensed under the Public Accountancy Act.
(2) The information contained in a financial statement
filed under subsection (1) is confidential and no person shall
otherwise than in the ordinary course of his duties communi-
cate any such information or allow access to or inspection
of the financial statement. R.S.O. 1970, c. 82, s. 26.
Service
14. — (1) Any notice or order required to be given or
served under this Part or the regulations is sufficiently given
or served if delivered personally or sent by registered mail
addressed to the person to whom delivery or service is required
to be made at the latest address for service appearing on
the records of the Ministry. R.S.O. 1970, c. 82, s. 27 (1);
1972, c. l,s. 1.
When
service
deemed
made
(2) Where service is made by registered mail, the service
shall be deemed to be made on the third day after the day
of mailing unless the person on whom service is being made
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date. 1971, c. 50,
s. 23 (5).
Exception
(3) Notwithstanding subsections (1) and (2), the Tribunal may
order any other method of service in respect of any matter before
the Tribunal. R.S.O. 1970, c. 82, s. 27 (3).
Restraining
orders
15. — (1) Where it appears to the Director that any person
does not comply with any provision of this Part, the regula-
tions or an order made under this Part, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the Director
may apply to a judge of the High Court for an order directing
such person to comply with such provision, and upon the
application the judge may make such order or such other order
as the judge thinks fit.
Sec. 17 (1) (ft) CONSUMER PROTECTION Chap. 87 1011
(2) An appeal lies to the Divisional Court from an order made Appeal
under subsection (1). R.S.O. 1970, c. 82, s. 28.
16. — (1) Every person who, knowingly. Offences
(a) furnishes false information in any application under
this Part or in any statement or return required to
be furnished under this Part or the regulations; or
(6) fails to comply with any order, direction or other
requirement made under this Part or section 38,
is guilty of an offence punishable under section 39, but no
proceeding under clause (a) shall be commenced more than one
year after the facts upon which the proceeding is based first
came to the knowledge of the Director. R.S.O. 1970, c. 82,
s. 29 (1).
(2) A statement as to, certificate
^ ' ' as evidence
(a) the registration or non-registration of any person ;
{b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director;
or
{d) any other matter f)ertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof of
the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution. R.S.O. 1970, c. 82,
s. 29 (2); 1971, c. 50, s. 23 (6).
17. — (1) Each person employed in the administration of^^^dentiai
this Act, including any person making an inspection under
section 9, 10 or 11 shall preserve secrecy in respect of all
matters that come to his knowledge in the course of his
duties, employment or inspection and shall not communicate
any such matters to any other person except,
[a) as may be required in connection with the adminis-
tration of this Act and the regulations or any proceed-
ings under this Act or the regulations; or
(6) to his counsel; or
1012
Chap. 87
CONSUMER PROTECTION
Sec. 17 (1) ic)
Testimony
in civil suit
(c) with the consent of the person to whom the informa-
tion relates.
(2) No person to whom subsection (1) applies shall be required
to give testimony in any civil suit or proceeding with regard
to information obtained by him in the course of his duties,
employment, inquiry, inspection or investigation except in a
proceeding under this Act or the regulations. 1971, c. 50,
s. 23 (7).
PART II
EXECUTORY CONTRACTS
ofPi
art
Form of
executory
contract
18. This Part applies to executory contracts for the sale of
goods or services where the purchase price, excluding the
cost of borrowing, exceeds $50. R.S.O. 1970, c. 82, s. 30.
19. — (1) Every executory contract, other than an executory
contract under an agreement for variable credit, shall be in
writing and shall contain,
(a) the name and address of the seller and the buyer;
(b) a description of the goods or services sufficient to
identify them with certainty;
(c) the itemized price of the goods or services and a
detailed statement of the terms of payment ;
{d) where credit is extended, a statement of any security
for payment under the contract, including the par-
ticulars of any negotiable instrument, conditional
sale agreement, chattel mortgage or any other
security ;
(e) where credit is extended, the statement required to
be furnished by section 24;
(/) any warranty or guarantee applying to the goods
or services and, where there is no warranty or
guarantee, a statement to this effect ; and
{g) any other matter required by the regulations.
Validity (2) An executory contract is not binding on the buyer
unless the contract is made in accordance with this Part and
the regulations and is signed by the parties, and a duplicate
original copy thereof is in the possession of each of the parties
thereto.
Sec. 21 (3) CONSUMER PROTECTION Chap. 87 1013
(3) Where the amount to be paid by a buyer under an Allowance
executory contract is determined after an allowance for a subject to
trade-in and is stated in the contract to be subject to adjust- * "^'""^^
ment after the existence or amount of liens against the trade-
in is ascertained or confirmed, the statement of the terms of
payment and the statement of the cost of credit shall be based
upon the amount as determined up)on the information provided
by the buyer but, upon any subsequent adjustment, the per-
centage rate by which the cost of borrowing is expressed, the
total number of instalments required to pay the total
indebtedness or the price shown in the contract shall not be
changed. R.S.O. 1970, c. 82, s. 31.
20. Where a trade-in is delivered or money is paid, whether i^^^vance
by way of deposit or otherwise, on account of the proposed
purchase of goods or services but no binding contract is
entered into in respect of the goods and no delivery of the
goods or any part thereof has been made to the buyer or no
performance of the services has been made, the seller shall
upon the request of the buyer return such trade-in or refund
in full the moneys so paid, as the case may be. R.S.O. 1970, c. 82,
s. 32.
21. — (1) Where a seller solicits, negotiates or arranges for ^^r^in°
the signing by a buyer of an executory contract at a place executory
other than the seller's permanent place of business, the buyer within
two d&VB
may rescind the contract by delivering a notice of rescission
in writing to the seller within two days after the duplicate
original copy of the contract first comes into the possession
of the buyer, and the buyer is not liable for any damages in
respect of such rescission.
(2) Where a buyer rescinds a contract under subsection (i), Duties
^ ' -' ^ ' 7 upon
rescission
(a) the buyer shall immediately return any goods received
under the contract and the seller shall bear the
expense of the return, not exceeding the expense of
returning the goods from the place where the buyer
received their delivery; and
(b) the seller shall return any moneys received or realized
in respect of the contract, whether from the buyer or
any other person, and shall return any trade-in
received under the contract.
(3) Where part of the consideration for the sale of goods is Trade-ins
a trade-in, the title to the trade-in does not pass to the seller
until the two-day period mentioned in subsection (1) has
expired without rescission of the contract.
1014
Chap. 87
CONSUMER PROTECTION
Sec. 21 (4)
Delivery
of notice
(4) A notice of rescission may be delivered personally or
sent by registered mail addressed to the person to whom
delivery is required to be made at the address shown in the
contract, and delivery by registered mail shall be deemed to
have been made at the time of mailing. R.S.O. 1970, c. 82, s. 33.
Lien on
other goods
not enforce-
able
22. Any provision in any executory contract or in any
security agreement incidental thereto under which the seller
may acquire title to, possession of or any rights in any goods
of the buyer, other than the goods passing to the buyer under
the contract, is not enforceable. R.S.O. 1970, c. 82, s. 34.
No re-
possession
after two-
thirds paid
exceptby
leave of
judge
Powers of
judge
23. — (1) Where a buyer under an executory contract has
paid two-thirds or more of the purchase price of the goods as
fixed by the contract, any provision in the contract, or in any
security agreement incidental thereto, under which the seller
may retake possession of or resell the goods upon default in
payment by the buyer is not enforceable except by leave of
a judge of a county or district court.
(2) Upon an application for leave under subsection (1), the
judge may, in his absolute discretion, grant or refuse leave
or grant leave upon such terms and conditions as he considers
advisable. R.S.O. 1970, c. 82, s. 35.
PART III
CREDIT TRANSACTIONS
ofcost^of'^* 24. Except as provided in section 25, every lender shall
borrowing fumish to the borrower, before giving the credit, a clear
statement in writing showing,
(a) the sum,
(i) expressed as one sum in dollars and cents,
actually received in cash by the borrower, plus
insurance or official fees, if any, actually paid
by the lender, or
(ii) where the lender is a seller, being the amount
of the cash price of the goods or services,
including any insurance or official fees;
(b) where the lender is a seller, the sums, if any, actually
paid as a down payment or credited in respect of a
trade-in, or paid or credited for any other reason;
(c) where the lender is a seller, the amount by which
the sum stated under subclause (a) (ii) exceeds the sum
stated under clause 0);
Sec. 25 (2) ib) (i) consumer protection Chap. 87 1015
{d) the cost of borrowing expressed as one sum in dollars
and cents;
{e) the percentage that the cost of borrowing bears to
the sum stated,
(i) under subclause (a) (i), where the lender is not a
seller, or
(ii) under clause (c), where the lender is a seller,
expressed as an annual rate applied to the unpaid
balance thereof from time to time, calculated and
expressed in the manner prescribed by the regula-
tions ;
(/) the amount, if any, charged for insurance;
(g) the amount, if any, charged for official fees; and
(A) the basis upon which additional charges are to be
made in the event of default. R.S.O. 1970, c. 82, s. 36.
25. — (1) In this section, "period" means a period of time ^^^"'
of not less than four weeks and not more than five weeks
in duration.
(2) A lender extending variable credit shall, ^^S^t^^
(a) before agreeing to extend variable credit, furnish
the borrower with a clear statement in writing setting
forth the cost of borrowing in respect of the unpaid
balances from time to time,
(i) stated as an annual percentage, or scale of
annual percentages, of such balance charged
at the end of each period, subject to a mini-
mum doUars-and-cents charge, if any, and
(ii) stated in dollars and cents in a schedule of
fixed amounts of outstanding balances, and
the corresponding charges for the cost of bor-
rowing; and
(b) at the end of each period during the extension of
credit, furnish the borrower with a clear statement
in writing showing,
(i) the outstanding balance in the account of the
borrower at the beginning of the period.
1016
Chap. 87
CONSUMER PROTECTION Sec. 25 (2) (b) (ii)
(ii) the amount and date of each extension of
credit to the borrower during the period and
the identity of the goods or services in respect
of which the credit was extended,
(iii) the amount of each sum received or credited
to the account of the borrower during the
period, and the date and occasion thereof,
(iv) the cost of borrowing, expressed as one sum
in dollars and cents, charged during the period,
(v) the outstanding balance in the account of the
borrower at the end of the period, and
(vi) the statement referred to in clause (a).
1970, c. 82, s. 37.
R.S.O
app°°fne°^ 26. The percentage rate by which the cost of borrowing
percentage is expressed shall be applied in the manner prescribed by
the regulations. R.S.O. 1970, c. 82, s. 38.
When 27. A borrower is not liable to pay a lender as the cost
borrowing of borrowing any sum in excess of the sum shown in the
recoverable Statement required by section 24 or 25 in respect of the
transaction. R.S.O. 1970, c. 82, s. 39.
Prepayment 28. Where the sum remaining to be paid under an agree-
ment for credit is paid in full before the term of the agreement
has expired,
Advertising
of cost of
borrowing
(a) the borrower is entitled to a proportionate credit
in respect of the cost of borrowing ; and
(6) the lender is entitled to a proportionate part of the
cost of lending,
in an amount determined in the manner prescribed by the
regulations. R.S.O. 1970, c. 82, s. 40.
29. — (1) Subject to the regulations, no lender shall repre-
sent, either orally or in print, or by radio or television broad-
cast, his charge for credit or cause such charge to be so
represented unless the representation includes the full cost of
borrowing and is expressed in the manner required by sec-
tion 24 or 25.
of*other^*°^ (2) Subject to the regulations, where a lender represents or
^ermsof causes to be represented in a printing, broadcast or other
publication any terms of the credit agreement other than
Sec. 32 (1) CONSUMER PROTECTION Chap. 87 1017
that referred to in subsection (1), the lender shall also include
or cause to be included all other relevant terms of the credit
transaction, including,
(a) the sum to be actually received in cash by the
borrower or the actual cash price of the goods;
(6) the amount of the down payment;
(c) the amount of each instalment; and
{d) the number of instalments required to repay the
total indebtedness, including the cost of borrowing.
R.S.O. 1970. c. 82. s. 41.
30. — (1) Where a lender assigns a negotiable instrument ^g^tlabie
given to secure credit, he shall deliver to the assignee with the instrument
negotiable instrument a copy of the statement required by
section 24 and, where the lender is a seller, a copy of the
contract of sale.
(2) Every assignee of a negotiable instrument who reassigns ^^of°'
the instrument shall deliver to his assignee the statement and negotiable
*-* instrument
contract of sale, if any, received by him in respect of the
instrument.
(3) Where an assignee of a negotiable instrument to which indemnity
subsection (2) applies is entitled to recover on the instrument
from the maker, the maker is entitled to be indemnified
therefor by any assignor of the instrument who has not com-
plied with subsection (1) or (2) as the case may be. R.S.O. 1970,
c. 82, s. 42.
31. — (1) The assignee of anv rights of a lender has no 9*'"ff"°'^
. ° t •' 1 1 1- • of assignee
greater nghts than and is subject to the same obligations, ofiender
liabilities and duties as the assignor, and the provisions of
this Act apply equally to such assignee.
(2) Notwithstanding subsection (1), a borrower shall not i*«™
recover from, or be entitled to set off against, an assignee of
the lender an amount greater than the balance owing on
the contract at the time of the assignment, and, if there
have been two or more assignments, the borrower shall not
recover from an assignee who no longer holds the benefit of
the contract an amount that exceeds the payments made
by the borrower to that assignee. 1971, c. 24, s. 1 (1).
32. — (1) Where an assignor of a negotiable instrument is iJidemSt^'^
convicted of a contravention of section 30, the provincial
1018
Chap. 87
CONSUMER PROTECTION
Sec. n (1)
offences court making the conviction may order that the person
convicted is liable to indemnify the maker under subsection 30 (3).
Filing
indemnity
order In
court
(2) Where an indemnity order is made under subsection (1)
in favour of a person who is or becomes liable under a judg-
ment of a court to an assignee of the negotiable instrument
in respect of which the indemnity order was made, the per-
son entitled to the indemnity may file the indemnity order
in the court office of the court in which the judgment was
issued.
Default
judgment
(3) Upon the filing of the indemnity order, the registrar or
clerk of the court shall issue a default judgment in favour of
the person entitled to the indemnity and against the person
required by the indemnity order to give the indemnity, and
the amount of the default judgment shall be the amount of
the judgment referred to in subsection (1) and costs togethei
with the costs of issuing the default judgment, or such less
amount as the person entitled to the indemnity by praecipe
requests.
Setting aside
or variation
of default
judgment
(4) Upon application therefor, the court in which the default
judgment is issued may set aside the default judgment or may
determine the amount of the indemnity or make an order of
reference for the purpose and may vary the amount of the default
judgment. R.S.O. 1970, c. 82, s. 43.
PART IV
GENERAL
Agreements
and waivers
contrary
to Act
"Consumer
sale"
defined
33. This Act applies notwithstanding any agreement or
waiver to the contrary. R.S.O. 1970, c. 82, s. 44.
34. — (1) In this section, "consumer sale" means a con-
tract for the sale of goods made in the ordinary course of
business to a purchaser for his consumption or use, but does
not include a sale.
(a) to a purchaser for resale;
(6) to a purchaser whose purchase is in the course of
carrying on business;
(c) to an association of individuals, a partnership or a
corporation ;
{d) by a trustee in bankruptcy, a receiver, a liquidator
or a person acting under the order of a court.
Sec. 36 (3) CONSUMER PROTECTION Chap. 87 1019
(2) The imphed conditions and warranties applying to the '"!'''«'
sale of goods by virtue of the Sale of Goods Act apply to goods ,j'<; q xgm
sold by a consumer sale and any written term or acknow- c -i*..'
ledgment, whether part of the contract of sale or not, that
purports to negative or vary any of such implied conditions
and warranties is void and, if a term of a contract, is severable
therefrom, and such term or acknowledgment shall not be
evidence of circumstances showing an intent that any of the
implied conditions and warranties are not to apply. 1971,
c. 24, s. 2 (1).
35. The rights of a buyer or borrower under this Act are ^uferand
in addition to any rights of the buyer or borrower under any borrower
other Act or by the operation of law, and nothing in this Act
shall be construed to derogate from such rights. R.S.O.
1970, c. 82. s. 45.
36.— (1) In this section, Su^"*"
(a) "credit" means the advancing of money, goods or
services to or on behalf of another for repayment at
a later time, whether or not there is a cost of
borrowing, and includes variable credit ;
[b) "unsolicited goods" means personal prop)erty fur-
nished to a p)erson who did not request it and a
request shall not be inferred from inaction or the
passing of time alone, but does not include,
(i) personal property that the recipient knows or
ought to know is intended for another person,
or
(ii) personal property supplied under a contract
in writing to which the recipient is a party
that provides for the periodic supply of
personal property to the recipient without
further solicitation.
(2) No action shall be brought by which to charge any 2^^^^^^,^^,.
person upon any arrangement for the extension of credit
evidenced by a credit card unless the person to whom credit
is to be extended requested or accepted the credit arrange-
ment and card in writing, and the obtaining of credit by the
person named in the credit card shall be deemed to constitute
such written acceptance by him.
(3) No action shall be brought by which to charge any Q^ncitod
person for payment in respect of unsolicited goods notwith- *°°^
standing their use, misuse, loss, damage or theft.
1020
Chap. 87
CONSUMER PROTECTION
Sec. 36 (4)
from legal (^) Except as provided in this section, the recipient of
obligations unsolicited goods or of a credit card that has not been
requested or accepted in accordance with subsection (2) has
no legal obligation in respect of their use or disposal. R.S.O.
1970, c. 82, s. 46 (1-4).
Interpre-
tation
37. — (1) For the purposes of this section in addition
to the meanings defined in clauses 1 id) and (m),
{a) "buyer" includes a person who hires or leases goods
for consumption where,
(i) he has an option to purchase the goods, or
(ii) upon compliance with agreed terms, he will
become the owner of the goods or will be
entitled to keep them without further pay-
ment;
{b) "seller" includes a person who is in the business
of letting goods, by hire or lease, to buyers.
Referral
selling
(2) No seller shall hold out to a buyer or prospective
buyer any advantage, benefit or gain to the buyer or pros-
pective buyer for doing anything that purports to assist the
seller in finding or selling to another prospective buyer.
nofbinding (^) Notwithstanding the provision for or imposition of a
on buyer penalty under this Act, any contract entered into following
the holding out referred to in subsection (2) is not binding
on the buyer. 1972, c. 53, s. 1.
False
advertising
38. Where the Registrar believes on reasonable and
probable grounds that a seller or lender is making false,
misleading or deceptive statements in any advertisement,
circular, pamphlet or similar material, the Registrar may
order the immediate cessation of the use of such material
and section 7 applies with necessary modifications to the order in
the same manner as to a proposal by the Registrar to refuse
registration and the order of the Registrar shall take effect
immediately, but the Tribunal may grant a stay until the Regis-
trar's order becomes final. 1971, c. 50, s. 23 (8).
Offence
39. — (1) Every person who contravenes this Act or the
regulations and every director or officer of a corporation who
knowingly concurs in a contravention of this Act or the
regulations are guilty of an offence and on conviction
Sec. 40 (/) CONSUMER PROTECTION Chap. 87 1021
are liable to a fine of not more than $2,000 or to imprison-
ment for a term of not more than one year, or to both.
(2) Where a corporation is convicted of an offence under <^on>oration8
subsection (1), the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) Subject to subsection 16 (1), no proceeding under this sec- Limitotion
tion shall be instituted more than three years after the time when
the subject-matter of the proceeding arose.
(4) For the purposes of this section, an error or omission in Deviations
any form prescribed or information required to be given by
this Act or the regulations shall not be deemed to be in con-
travention of this Act or the regulations where the p>erson
against whom the contravention is alleged proves that the
error or omission is a bona fide accidental or clerical error or
omission or beyond his control. R.S.O. 1970, c. 82, s. 48.
40. The Lieutenant Governor in Council . may make ^®fi^*"°°8
regulations,
(a) governing applications for registration or renewal
of registration of itinerant sellers and prescribing
terms and conditions of registration ;
(6) requiring itinerant sellers to make returns and
furnish information to the Registrar;
(c) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal;
[d] providing for the responsibility for payment of wit-
ness fees and expenses in connection with proceedings
before the Tribunal and prescribing the amounts
thereof ;
{e) requiring itinerant sellers or any class thereof to be
bonded in such form and terms and with such col-
lateral security as are prescribed, and providing for
the forfeiture of bonds and the disposition of the
proceeds ;
(/) requiring the payment of fees on application for
registration as an itinerant seller or for renewal of
such registration, and prescribing the amounts
thereof ;
1022 Chap. 87 consumer protection Sec. 40 (g)
ig) prescribing the form of executory contracts and
statement of the cost of borrowing and the size,
type and colour of lettering used in any provision
thereof ;
(h) requiring and governing the maintenance of trust
accounts by sellers or any class thereof, and
prescribing the moneys that shall be held in trust
and the terms and conditions thereof;
(i) prescribing the manner in which the cost of borrow-
ing stated as a percentage shall be calculated,
expressed and applied;
(j) prescribing the manner of determining the ap-
portionment of the cost of borrowing for the pur-
poses of section 28;
{k) exempting any class of buyer, seller, itinerant seller,
lender or borrower from the application of this Act
or any provision thereof ;
(/) prescribing forms for the purposes of this Act and
providing for their use;
(m) requiring any information required to be furnished
or contained in any form or return to be verified
by affidavit;
(«) defining any expression used in Part II or Part III
of this Act ;
(o) governing the advertising by lenders of the cost of
borrowing or other terms of credit. R.S.O. 1970,
c. .82, s. 49; 1971, c. 50, s. 23(9).
Sec. 2 CONSUMER PROTECTION BUREAU Chap. 88 1023
CHAPTER 88
Consumer Protection Bureau Act
1. — (1) There shall be a branch of the Ministry of Con- coMumer^
sumer and Commercial Relations, to be known as the Con- Bureau
sumer Protection Bureau, which shall consist of the Registrar
of the Consumer Protection Bureau and such other officers
and employees as are considered necessary. R.S.O. 1970,
c.83,s. 1 (l);1972,c. l,s. 36.
(2) The Consumer Protection Bureau shall, consiuner
Protection
Bureau
(a) disseminate information for the purpose of edu-
cating and advising consumers respecting consumer
protection and lending and borrowing practices ;
ib) receive and investigate complaints of conduct in
contravention of legislation for the protection of
consumers ;
(c) enforce legislation for the protection of consumers;
and
(d) perform any other duties given to it by any Act,
R.S.O. 1970, c. 83, s. 1 (2); 1973, c. 8, s. 1.
2. The moneys required for the purposes of this Act Moneys
shall be paid out of the moneys appropriated therefor by the
Legislature. R.S.O. 1970, c. 83, s. 2.
Sec. 1(1) (g) CONSUMER REPORTING Chap. 89 1025
CHAPTER 89
Consumer Reporting Act
1.— (1) In this Act. gte^^"-
(a) "consumer" means a natural person but does not
include a person engaging in a transaction, other
than relating to employment, in the course of carry-
ing on a business, trade or profession ;
(6) "consumer report" means a written, oral or other
communication by a consumer reporting agency of
credit information or personal information, or both,
pertaining to a consumer for consideration in
connection with a purpose set out in clause 8 (1) (d);
(c) "consumer reporting agency" means a person who
for gain or profit or on a regular co-operative non-
profit basis furnishes consumer reports;
(d) "credit information" means information about a con-
sumer as to name, age, occupation, place of residence,
previous places of residence, marital status, spouse's
name and age, number of dependants, particulars of
education or professional quaHfications, places of em-
ployment, previous places of employment, estimated
income, paying habits, outstanding debt obligations,
cost of living obligations and assets;
{e) "Director" means the Executive Director of the
Business Practices Division of the Ministry;
(/) "employment purposes" means the purposes of taking
into employment, granting promotion, reassigning
employment duties or retaining as an employee;
(g) "file", when used as a noun, means all of the
information pertaining to a consumer that is recorded
and retained by a consumer reporting agency,
regardless of the manner or form in which the
information is stored;
1026 Chap. 89 CONSUMER reporting Sec. 1 (1) (h)
(h) "Minister" means the Minister of Consumer and
Commercial Relations;
{i) "person" means a natural person, an association of
natural persons, a partnership or a corporation ;
(j) "personal information" means information other
than credit information about a consumer's character,
reputation, health, physical or personal characteristics
or mode of living or about any other matter concern-
ing the consumer;
{k) "personal information investigator" means a person
who obtains or reports personal information to a
consumer reporting agency for hire or reward;
(/) "Registrar" means the Registrar of Consumer Re-
porting Agencies;
(m) "regulations" means the regulations made under
this Act ;
(«) "Tribunal" means The Commercial Registration
R so i9>s(). Appeal Tribunal under the Ministry of Consumer
and Commercial Relations Act.
74
Asrr^ements (2) This Act applies notwithstanding any agreement or
waiver to the contrary. 1973, c. 97, s. 1.
Registrar 2. — (1) There shall be a Registrar of Consumer Reporting
Agencies who shall be appointed by the Lieutenant Governor
in Council.
Duties (2) The Registrar may exercise the powers and shall
perform the duties conferred or imposed upon him by or
under this Act under the supervision of the Director. 1973,
c. 97, s. 2.
re1^ired"°° ^' ^° person shall conduct or act as a consumer reporting
agency or act as a personal information investigator unless
he is registered by the Registrar under this Act. 1973, c. 97, s. 3.
S?Sencies°° "*• — (^) ^" appHcant is entitled to registration or renewal
of registration as a consumer reporting agency by the
Registrar except where.
Sec. 6 (1) CONSUMER REPORTING Chap. 89 1027
(a) having regard to his financial position, the applicant
cannot reasonably be expected to be financially
responsible in the conduct of his business ; or
(b) the past conduct of the applicant affords reasonable
grounds for belief that he will not carry on business
in accordance with law and with integrity and
honesty; or
(c) the applicant is a corporation and,
(i) having regard to its financial f)osition, it
cannot reasonably be exf)ected to be financially
responsible in the conduct of its business, or
(ii) the past conduct of its officers or directors
affords reasonable grounds for belief that its
business will not be carried on in accordance
with law and with integrity and honesty ; or
(d) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.
(2) An applicant is entitled to registration or renewal of ^8^**^™*^*°°
registration as a personal information investigator by the investigators
Registrar except where the past conduct of the applicant
affords reasonable grounds for belief that he will not carry
out his duties in accordance with law and with integrity
and honesty.
(3) A registration is subject to such terms and conditions Conditions
to give effect to the purposes of this Act as are imposed by registration
the Tribunal or prescribed by the regulations.
(4) A registration is not transferable. 1973, c. 97, s. 4. Registration
transferable
5. — (1) Subject to section 6, the Registrar may refuse to Refusal to
register an applicant where in the Registrar's opinion the
apphcant is disentitled to registration under section 4.
(2) Subject to section 6, the Registrar may refuse to renew Revocation
, . . t , and refusal
or may suspend or revoke a registration lor any reason that to renew
would disentitle the registrant to registration under section
4 if he were an applicant, or where the registrant is in breach
of a term or condition of the registration. 1973, c. 97, s. 5.
6. — (1) Where the Registrar proposes to refuse to grant Notice^f^
or renew a registration or proposes to suspend or revoke refuse or
1028
Chap. 89
CONSUMER REPORTING
Sec. 6 (1)
Notice
requiring
hearing
Powers of
Registrar
where no
hearing
a registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.
(2) A notice under subsection (1) shall inform the applicant
or registrant that he is entitled to a hearing by the Tribunal
if he mails or delivers, within fifteen days after the notice
under subsection (1) is served on him, notice in writing
requiring a hearing to the Registrar and the Tribunal, and
he may so require such a hearing.
(3) Where an applicant or registrant does not require a
hearing by the Tribunal in accordance with subsection (2),
the Registrar may carry out the proposal stated in his
notice under subsection (1).
Powers of
Tribunal
Conditions
of order
Parties
(4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection (2), the Tribunal
shall appoint a time for and hold the hearing and, on the
application of the Registrar at the hearing, may by order
direct the Registrar to carry out his proposal or refrain
from carrying out his proposal and to take such action as
the Tribunal considers the Registrar ought to take in
accordance with this Act and the regulations, and for such
purposes the Tribunal may substitute its opinion for that
of the Registrar.
(5) The Tribunal may attach such terms and conditions to
its order or to the registration as it considers proper to give
effect to the purposes of this Act.
(6) The Registrar, the applicant or. registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.
cMceiiatfon C^) Notwithstanding subsection (1), the Registrar may
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering his registration.
TOndin'^*"^* (8) Where, within the time prescribed therefor or, if no
renew^ time is prescribed, before expiry of his registration, a
registrant has applied for renewal of his registration and
paid the prescribed fee, his registration shall be deemed to
continue.
(a) until the renewal is granted ; or
(6) where he is served with notice that the Registrar
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has expired
Sec. 8 (1) id) (v) CONSUMER REPORTING Chap. 89 1029
and, where a hearing is required, until the Tribunal
has made its order.
(9) Notwithstanding that a registrant appeals from an ^«r
order of the Tribunal under section 11 of the Ministry of suy
Consumer and Commercial Relations Act, the order takes effect ^"^o iqso.
immediately, but the Tribunal may grant a stay until dis-
position of the appeal. 1973, c. 97, s. 6.
7. A further application for registration may be made f^i^oons
upon new or other evidence or where it is clear that material
circumstances have changed. 1973, c. 97, s. 7.
8. — ( 1 ) No consumer reporting agency and no officer or ^^^ ^ay
employee thereof shall knowingly furnish any information be given
from the files of the consumer reporting agency except,
(a) in response to the order of a court having jursidiction
to issue such an order ;
(b) in accordance with the written instructions of the
consumer to whom the information relates;
(c) in response to an order or direction made under
this Act; or
{d) in a consumer report given to a person who it has
reason to believe,
(i) intends to use the information in connection
with the extension of credit to or the purchase
or collection of a debt of the consumer to whom
the information f)ertains,
(ii) intends to use the information in connection
with the entering into or renewal of a tenancy
agreement,
(iii) intends to use the information for employment
purposes,
(iv) intends to use the information in connection
with the underwriting of insurance involving
the consumer,
(v) intends to use the information to determine
the consumer's eligibility for any matter under
a statute or regulation where the information
is relevant to the requirement prescribed by
law.
1030
Chap. 89
CONSUMER REPORTING Sec. 8 (1) (d) (vi)
VI
Vll
Idem
Information
as to
identities
otherwise has a direct business need for the
information in connection with a business or
credit transaction involving the consumer, or
intends to use the information for the purpose
of up-dating the information in a consumer
report previously given to him for one of the
reasons referred to in subclauses (i) to (vi).
(2) No person shall knowingly obtain any information
from the files of a consumer reporting agency respecting
a consumer except for the purposes referred to in sub-
section (1).
(3) Notwithstanding subsections (1) and (2), a consumer
reporting agency may furnish identifying information respect-
ing any consumer, limited to his name, address, former
addresses, places of employment, or former places of employ-
ment, to the Government of Ontario or of Canada or any
province thereof or of any agency of such government or the
government of any municipality in Canada or any agency
thereof or to any police officer acting in the course of his
duties, notwithstanding that such information is not to be
used for a purpose mentioned in subsection (1).
(4) No person who is or has been registered as a consumer
reporting agency shall sell, lease or transfer title to its files
or any of them except to a consumer reporting agency regis-
tered under this Act. 1973, c. 97, s. 8.
of^agenci'es 0. — (1) Every consumer reporting agency shall adopt all
procedures reasonable for ensuring accuracy and fairness in
the contents of its consumer reports.
Sale of
files
Information
included in
consumer
report
Idem
(2) A consumer reporting agency shall not report,
{a) any information that is not stored in a form capable
of being produced under section 1 1 ;
{b) any information that is not extracted from informa-
tion appearing in files stored or collected in a repository
located in Canada regardless of whether or not the
information was obtained from a source outside
Canada, except where the consumer report is in
writing and contains the substance of any prior
information orally acquired that conforms to the
requirements of this Act.
(3) A consumer reporting agency shall not include in a
consumer report,
(a) any credit information based on evidence that is
not the best evidence reasonably available ;
Sec. 9(3)(/) CONSUMER REPORTING Chap. 89 1031
(b) any unfavourable personal information unless it has
made reasonable efforts to corroborate the evidence
on which the personal information is based, and the
lack of corroboration is noted with and accompanies
the information;
(c) information as to judgments after seven years after
the judgment was given, unless the creditor or his
agent confirms that it remains unpaid in whole or in
part, and such confirmation appears in the file;
{d) information as to any judgment against the consumer
unless mention is made of the name and, where
available, the address of the judgment creditor or
his agent as given at the date of entry of the
judgment and the amount ;
(e) information as to the bankruptcy of the consumer
after seven years from the date of the discharge
except where the consumer has been bankrupt more
than once;
(/) information regarding any judgments, collections
or debts that on their face are statute barred unless
it is accompanied by evidence appearing in the file
that recovery is not barred by the expiration of a
limitation period;
(g) information as to the payment or non-payment of
taxes or lawfully imposed fines after seven years;
(h) information as to convictions for crimes, after seven
years from the date of conviction or, where the con-
viction resulted in imprisonment, from the date of
release or parole, provided information as to con-
victions for crimes shall not be reported if at any
time it is learned that after a conviction an absolute
discharge or a full pardon has been granted ;
(») information regarding writs that are more than seven
years old or writs that were issued against the con-
sumer more than twelve months prior to the making
of the report unless the consumer reporting agency
has ascertained the current status of the action and
has a record of this on file;
(j) information regarding any criminal charges against
the consumer where the charges have been dismissed,
set aside or withdrawn ;
(k) any other adverse item of information where more
than seven years have expired since the information
was acquired or last reaffirmed;
(/) information as to race, creed, colour, sex, ancestry,
ethnic origin, or poHtical affiliation; or
1032
Chap. 89
CONSUMER REPORTING
Sec. 9(3)(m)
(w) any informatipn given orally in the consumer report
unless the content of the oral report is recorded in the
file;
Maintenance (4) Every consumer reporting agency shall maintain in its
file respecting a person all the material and information of
which the person is entitled to disclosure under section 11.
1973, c. 97. s. 9.
Disclosure
of report
on request
Notice of
intention
to procure
consumer
report
Idem
10. — (1) Every person shall, where requested by a con-
sumer in writing or personally, inform the consumer whether
or not a consumer report respecting him has been or is to be
referred to in connection with any specified transaction or
matter in which such person is engaged, and, if so, of the
name and address of the consumer reporting agency supplying
the report.
(2) No person shall procure from a consumer reporting
agency or cause it to prepare a consumer report containing
personal information respecting a consumer unless he notifies
the consumer of the fact in writing before the report is
requested and, where the consumer so requests in writing
or personally, he shall inform the consumer of the name and
address of the consumer reporting agency supplying the report.
(3) Where a person proposes to extend credit to a consumer
and a consumer report containing credit information only is
being or may be referred to in connection with the trans-
action, he shall give notice of the fact to the consumer
in writing at the time of the application for credit, or if the
application is made orally, orally at the time of the application
for credit.
as^reditor i^) Where, before extending credit, the proposed creditor
obtains the acceptance or refusal of an assignment or
proposed assignment of the credit transaction by an assignee
or proposed assignee, subsection (3) applies to the assignee
or proposed assignee in the same manner as to the person
proposing to extend credit, but the giving of a notice under
subsection (3) by a person proposing to extend credit or under
this subsection by his assignee or proposed assignee shall be
deemed to be sufficient notice by both.
on'divuigence (^) ^° pcrson extending credit to a consumer shall divulge
of to other credit grantors or to a consumer reporting agency
information i • x ^- x- xi. b b j
any personal information respecting the consumer except
with the consent of the consumer or on his referral unless
he notifies the consumer in writing at the time of the application
for credit that he intends to do so.
Form of
notice
(6) Any notice referred to in this section shall be clearly
set forth in bold type or underlined and in letters not less
than ten point in size.
Sec. 11 (1) (rf) (i) CONSUMER REPORTING Chap. 89 1033
(7) Where a benefit is denied to a consumer or a charge ^,.^®^
to a consumer is increased either wholly or partly because
of information received from a consumer reporting agency or
a p)erson other than a consumer reporting agency, the user of
such information shall deliver to the consumer at the time such
action is communicated to the consumer notice of the fact
and, upon the request of the consumer made within sixty
days after such notice, shall inform the consumer,
(a) of the nature and source of the information where the
information is furnished by a person other than a
consumer reporting agency; or
(b) of the name and address of the consumer reporting
agency, where the information is furnished by a con-
sumer reporting agency,
and the notice required to be given by the user under this
subsection shall contain notice of the consumer's right to
request the information referred to in clauses (a) and (6) and
the time limited therefor. 1973, c. 97, s. 10.
11. — (1) Every consumer reporting agency shall, at the ^J|Jt oif^^. ^^
written request of a consumer and during normal business disclosure
hours, clearly and accurately disclose to the consumer, without
charge,
(a) the nature and substance of all information in its
files pertaining to the consumer at the time of the
request ;
{b) the sources of credit information ;
(c) the names of the recipients of any consumer report
pertaining to the consumer that it has furnished,
(i) containing personal information, within the
one year period preceding the request, and
(ii) containing credit information, within the six
month period preceding the request;
(d) copies of any written consumer report pertaining to
the consumer made to any other f)erson or, where the
report was oral, particulars of the content of such oral
report, furnished,
(i) where the report contains personal informa-
tion, within the one year p)eriod preceding the
request, and
1034
Chap. 89
CONSUMER REPORTING SeC. 11 (1) (d) (ii)
(ii) where the report contains credit informa-
tion, within the six month period preceding
the request,
and shall inform the consumer of his right to protest any
information contained in the file under sections 12 and 13
and the manner in which a protest may be made.
^jCeptionfor (2) A consumer reporting agency shall withhold from the
medical disclosures required by subsection (1) anv medical information
information , • , • , , • , , . r ' , i i • i
obtamed with the written consent of the consumer which
the consumer's own physician has specifically requested in
writing be withheld from the consumer in his own best interest.
disclosure (^) ^^^ disclosures required under this section shall be made
to the consumer,
(a) in person if he appears in person and furnishes proper
identification ;
(b) by telephone if he has made a written request, with
sufficient identification, for telephone disclosure and
the toll charge, if any, for the telephone call is pre-
paid by or charged directly to the consumer.
Idem (4) Every consumer reporting agency shall provide trained
personnel to explain to the consumer any information fur-
nished to him under this section.
^ons^umer's (5) jhe consumer shall be permitted to be accompanied by
one other person of his choosing to whom the consumer report-
ing agency may be required by the consumer to disclose his
file.
Abstract
(6) The consumer reporting agency shall permit the con-
sumer to whom information is disclosed under this section to
make an abstract thereof.
identiflcation (7) ^ consumer reporting agency shall require reasonable
identification of the consumer and a person accompanying
him before making disclosures under this section.
No
conditions
(8) A consumer reporting agency shall not require a con-
sumer to give any undertaking or waive or release any right
as a condition precedent to his access to his file under this
section. 1973, c. 97, s. 11.
o°error8°° 12. — (1) Where a consumer disputes the accuracy or com-
pleteness of any item of information contained in his file,
the consumer reporting agency within a reasonable time shall
Sec. 13 (4) CONSUMER REPORTING Chap. 89 1035
use its best endeavours to confirm or complete the informa-
tion and shall correct, supplement or delete the information
in accordance with good practice.
(2) Where a consumer reporting agency corrects, supple- 1**®"^
ments or deletes information under subsection (1), the con-
sumer reporting agency shall furnish notification of the correction,
supplement or deletion to,
(a) all persons who have been supplied with a consumer
report based on the unamended file within sixty
days before the correction, supplement or deletion is
made; and
{b) the persons specifically designated by the consumer
from among those who have been supplied with a con-
sumer report based on the unamended file,
(i) where the report contains personal informa-
tion, within the one year f)eriod preceding
the correction, supplement or deletion, and
(ii) where the report contains credit informa-
ation, within the six month period preceding
the correction, supplement or deletion. 1973,
c. 97, s. 12.
13. — (1) The Registrar may order a consumer reporting ^^^^^
agency to amend or delete any information, or by order [^formation
restrict or prohibit the use of any information, that in his
opinion is inaccurate or incomplete or that does not comply
with the provisions of this Act or the regulations.
(2) The Registrar may order a consumer reporting agency Enfor^ment
to furnish notification to any person who has received a
consumer report of any amendments, deletions, restrictions
or prohibitions imposed by the Registrar.
(3) Where the consumer or consumer reporting agency Tri^^L**^
considers himself aggrieved by a decision of the Registrar
under this section, he may apply to the Tribunal for a hearing
and section 6 applies, with necessar\' modifications, to the deci-
sion in the same manner as to a proposal by the Registrar under
section 6 and as if the consumer and the consumer reporting
agency each were an applicant or registrant, except that an order
of the Registrar may be issued and take effect immediately, but the
Tribunal may grant a stay until the order becomes final.
(4) At a hearing before the Tribunal for the purposes of Jf^^ScS*
subsection (3), the Tribunal may require the consumer report-
ing agency to disclose the source of any information contained
in its files. 1973, c. 97, s. 13.
1036 Chap. 89 CONSUMER reporting Sec. 14
materia/ ^** Every consumer reporting agency shall, within five
changes days after the event, notify the Registrar in writing of,
(a) any change in its address for service ;
" (b) any change in the officers in the case of a cor-
poration or of the members in the case of a partner-
ship; and
(c) any commencement or termination of employment of
a personal information investigator. 1973, c. 97,
s. 14.
Investigation ^5^ — (jj Where the Registrar receives a written complaint
complaints in respect of a consumer reporting agency and so directs in
writing, the consumer reporting agency shall furnish the
Registrar with such information respecting the matter com-
plained of as the Registrar requires.
i<i8™ (2) The direction under subsection (1) shall indicate the
nature of the inquiry involved.
Idem (3) For the purposes of subsection (1), the Registrar or
any person designated in writing by him may on notice
at any reasonable time enter upon the business premises
of the consumer reporting agency to make an inspection
in relation to the complaint. 1973, c. 97, s. 15.
on^ordw-*""'^ ^^' The Minister may by Order appoint a person to make an
of Minister investigation into any matter to which this Act applies as
may be specified in the Minister's order and the person
appointed shall report the result of his investigation to the
Minister, and for the purposes of the investigation, the person
making it has the powers of a commission under Part II of
^'^n ^^^"' thePw6/ic Inquiries Act, which Part applies to such investigation
as if it were an inquiry under that Act. 1973, c. 97, s. 16.
by'Dire^*or'° ^'^ • — (^) ^^ere. Upon a statement made under oath, the
Director believes on reasonable and probable grounds that
any person has,
(a) contravened any of the provisions of this Act or the
regulations ; or
^0-34^^'^' ^^) committed an offence under the Criminal Code
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under this
Act,
the Director may by order appoint one or more persons to
make an investigation to ascertain whether such a contra-
vention of the Act or regulation or the commission of such
an offence has occurred and the person appointed shall
report the result of his investigation to the Director.
Sec. 17 (5) CONSUMER REPORTING Chap. 89 1037
(2) For purposes relevant to the subiect-matter of anP°''®'?°^
.■■,,,■ , . , , . Investigator
investigation under this section and, notwithstanding section
8, the person appointed to make the investigation may
inquire into and examine the affairs of the person in respect
of whom the investigation is being made and may,
(a) upon production of his appointment, enter at any
reasonable time the business premises of such person
and examine books, papers, documents, consumer
files and things relevant to the subject-matter of the
investigation; and
(6) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such person and into property, assets or things
owned, acquired or alienated in whole or in part by
him or any person acting on his behalf that are
relevant to the subject-matter of the investigation,
and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II of
the Public Inquiries Act, which Part applies to such inquiry as if it ^^o 19m,
were an inquiry under that Act.
(3) No person shall obstruct a person appointed to make ^^^^"^^'"od
an investigation under this section or withhold from him or investigator
conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.
(4) Where a justice of the peace is satisfied, upon an ex parte ^^^*°'*
application by the person making an investigation under this
section, that the investigation has been ordered and that such
person has been appointed to make it and that there is reasonable
ground for believing there are in any building, dwelling, recep-
tacle or place any books, papers, documents or things relating to
the person wh(Jse affairs are being investigated and to the subject-
matter of the investigation, the justice of the peace may, whether
or not an inspection has been made or attempted under clause (2)
(a), issue an order authorizing the person making the investi-
gation, together with such police officer or officers as he calls upon
to assist him, to enter and search, if necessary by force, such
building, dwelling, receptacle or place for such books, papers,
documents or things and to examine them, but every such entry
and search shall be made between sunrise and sunset unless the
justice of the peace, by the order, authorizes the person making
the investigation to make the search at night..
(5) Any person making an investigation under this section JJ^g^^S^"'
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause (2) (a)
or subsection (4) relating to the person whose affairs are being
1038
Chap. 89
CONSUMER REPORTING
Sec. 17 (5)
investigated and to the subject-matter of the investigation for the
purpose of making copies of such books, papers or documents, but
such copying shall be carried out with reasonable dispatch and the
books, papers or documents in question shall be promptly there-
after returned to the person whose affairs are being investigated.
Certified
copies
(6) Any copy made as provided in subsection (5) and certified
to be a true copy by the person making the investigation is
admissible in evidence in any action, proceeding or prosecution
as prima facie proof of the original book, paf)er or document and
its contents.
Appointment
or expert
(7) The Minister or Director may appoint any expert
to examine books, papers, documents or things examined
under clause (2) (a) or under subsection (4). 1973, c. 97, s. 17.
Matters
confidential
18. — (1) Every person employed in the administration of
this Act, including any person making an inquiry, inspection
or an investigation under section 15, 16 or 17 shall preserve
secrecy in respect of all matters that come to his knowledge
in the course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,
{a) as may be required in connection with the administra-
tion of this Act and the regulations or any proceedings
under this Act or the regulations ; or
{h) to his counsel ; or
(c) with the consent of the person to whom the information
relates.
^estimony (2) No person to whom subsection (1) applies shall be
suit required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course of
his duties, employment, inquiry, inspection or investigation
except in a proceeding under this Act or the regulations.
1973, c. 97, s. 18.
Service
Idem
19. — (1) Any notice or order required to be given, de-
livered or served under this Act or the regulations is suffi-
ciently given, delivered or served if delivered personally or
sent by registered mail addressed to the person to whom
delivery or service is required to be made at his last-known
address except that a notice under section 10, 12 or 14 is
sufficiently given if sent by ordinary mail.
(2) Where service is made by mail, the service shall be
deemed to be made on the third day after the day of mail-
Sec. 22 (3) CONSUMER REPORTING Chap. 89 1039
ing unless the p)erson on whom service is being made
establishes that he did not, acting in good faith, through
absence, accident, illness or other cause beyond his control
receive the notice or order until a later date. 1973, c. 97, s. 19.
20. — (1) Where it appears to the Director that any person i^trainin^
does not comply with any provision of this Act, the regulations
or an order made under this Act, notwithstanding the
imposition of any penalty in respect of such non-compliance
and in addition to any other rights he may have, the
Director may apply to a judge of the High Court for an
order directing such person to comply with such provision,
and upon the application, the judge may make such order or
such other order as the judge thinks fit.
(2) An appeal lies to the Divisional Court from an order ^pp®*^
made under subsection (1). 1973, c. 97, s. 20.
21. No person shall knowingly supply false or misleading ^»e
information to another who is engaged in making a consumer
report. 1973, c. 97, s. 21.
22. — (1) Every person who, offences
{a) knowingly, furnishes false information in any appli-
cation under this Act or in any statement or return
required to be furnished under this Act or the
regulations ;
(6) fails to comply with any order, direction or other
requirement made under this Act ; or
(c) contravenes any provision of this Act or the
regulations,
and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of
an offence and on conviction is liable to a fine of not
more than $2,000 or to imprisonment for a term of not more
than one year, or to both.
(2) Where a corporation is convicted of an offence under corporation
subsection (1), the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.
(3) No proceeding under clause ( 1) (a) shall be commenced more Limitation
than one year after the facts upon which the proceeding is based
first came to the knowledge of the Director.
1040
Chap. 89
CONSUMER REPORTING
Sec. 22 (4)
Idem
Certificate
as evidence
Proof of
Minister's
signature
(4) No proceeding under clause (1) (b) or (c) shall be commenced
more than two years after the time when the subject-matter of the
proceeding arose. 1973, c. 97, s. 22.
23. — (1) A statement as to,
(a) the registration or non-registration of any person ;
(b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;
(c) the time when the facts upon which proceedings are
based first came to the knowledge of the Director ; or
(d) any other matter pertaining to such registration,
non-registration, filing or non-filing,
purporting to be certified by the Director is, without proof
of the office or signature of the Director, receivable in evidence
as prima facie proof of the facts stated therein for all purposes
in any action, proceeding or prosecution.
(2) Any document under this Act purporiing to be signed
by the Minister, or any certified copy thereof, is receivable
in evidence in any action, prosecution or other proceeding as
prima facie proof that the document is signed by the Minister
without proof of the office or signature of the Minister. 1973,
c. 97, s. 23.
Regulations 24. The Lieutenant Governor in Council may make
regulations,
(a) exempting any class of persons from this Act or the
regulations or any provision thereof ;
{b) governing applications for registration or renewal of
registration and prescribing terms and conditions of
registration ;
(c) requiring the payment of fees on application for
registration or renewal of registration, and prescribing
the amounts thereof ;
{d) requiring registered consumer reporting agencies to
be bonded in such form and terms and with such
collateral security as are prescribed, and providing
for the forfeiture of bonds and the disposition of the
proceeds ;
{e) presci"ibing further procedures respecting the con-
duct of matters coming before the Tribunal ;
Sec. 24 (k) CONSUMER REPORTING Chap. 89 1041
(/) requiring and governing the books, accounts and
records relating to the due compliance with the
provisions of this Act that shall be kept by consumer
reporting agencies ;
{g) prescribing information that may not be reported
by a consumer reporting agency or contained in its
files;
(h) prescribing information that must be contained in a
consumer report ;
(«■) requiring consumer reporting agencies to make returns
and furnish information to the Registrar ;
(_;■) prescribing forms for the purposes of this Act and
providing for their use ;
{k) requiring any information required to be furnished or
contained in any form or return to be verified by
affidavit. 1973, c. 97, s. 24.
Sec. 1 (2) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1043
CHAPTER 90
Conveyancing and Law of Property Act
1. (1) In this Act, Interpr©-
^ ' tation
(a) "conveyance" includes an assignment, appointment,
lease, settlement, and other assurance, made by
deed, on a sale, mortgage, demise, or settlement of
any property or on any other dealing with or for any
property, and "convey" has a meaning correspond-
ing with that of conveyance ;
(6) "land" includes messuages, tenements, heredita-
ments, whether corporeal or incorporeal, and any
undivided share in land;
(c) "mortgage' ' includes a charge on property for securing
money or money's worth ;
(d) "mortgage money" means money or money's worth
secured by a mortgage;
{e) "mortgagee" includes a person from time to time
deriving title under the original mortgagee ;
(/) "mortgagor" includes a person from time to time
deriving title under the original mortgagor or entitled
to redeem a mortgage according to his estate, interest
or right in the mortgaged property;
{g) "property" includes real and personal property, a
debt, a thing in action, and any other right or interest ;
{h) "puf!er" means a person appointed to bid on the part
of the seller;
(») "purchaser" includes a lessee, a mortgagee and an
intending purchaser, lessee or mortgagee, or other
person, who, for valuable consideration, takes or Free and
deals for any property, and "purchase " has a meaning ^SS^e°°
corresponding with that of purchaser; but "sale " ^1^11017. etc.
means only a sale properly so called.
seignoi^,
31 Geo. 3
(Imp.).
c. 31. 8. 43:
30eo.4
(2) Section 43 of The Clergy Endoumients [Canada) Act, 1791 (imp.).
(Imperial) and sections 31 and 32 of The British North m.si.'sz
continae
to apply
1044
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 1 (2)
America {Trade and Lands) Act, 1822 (Imperial), as they
apphed in Ontario on the day before the day on which they
were repealed, continue in effect in Ontario in the same
manner and to the same extent as if they had been expressly
enacted as part of this Act and had not been repealed.
R.S.O. 1970, c. 85, s. 1.
o°°on)c»-eai ^' ^^^ corporeal tenements and hereditaments, as regards
tenements the conveyance of the immediate freehold thereof, he in grant
as well as in livery. R.S.O. 1970, c. 85, s. 2.
^°5""^^°^„, 3. A feoffment, otherwise than by deed, is void and no
operation of -' '
feoffments feoffment shall have any tortious operation. R.S.O. 1970,
c. 85, s. 3.
Estate tail
to be con-
strued as
fee simple
4. A hmitation in a conveyance or will that before the 27th
day of May, 1956, would have created an estate tail shall be
construed as an estate in fee simple or the greatest estate
that the grantor or testator had in the land. R.S.O. 1970,
c. 85,s. 4.
Limitation
5. — (1) In a conveyance, it is not necessary, in the limitation
of an estate in fee simple, to use the word "heirs".
Idem
(2) For the purpose of such limitation, it is sufficient in a
conveyance to use the words "in fee simple" or any other
words sufficiently indicating the limitation intended.
Effect of
conveyance
without
words of
limitation
(3) Where no words of limitation are used, the conveyance
passes all the estate, right, title, interest, claim and demand
that the conveying parties have in, to, or on the property
conveyed, or expressed or intended so to be, or that they
have power to convey in, to, or on the same.
Saving (4) Subsection (3) applies only if and as far as a contrary
intention does not appear from the conveyance, and has
effect subject to the terms of the conveyance and to the
provisions therein contained.
Operation
of section
(5) This section applies only to conveyances made after the
1st day of July, 1886. R.S.O. 1970, c. 85, s. 5.
Receipts Q^ A receipt for consideration money or securities in the
body of a conveyance is a sufficient discharge to the person
paying or delivering the conveyance without any further
receipt being endorsed on it. R.S.O. 1970, c. 85, s. 6.
Receipt as
evidence for
subsequent
purchaser
7 . A receipt for consideration money or other consideration
in the body of a conveyance or endorsed thereon is, in favour
of a subsequent purchaser not having notice that the money
Sec. 13 CONVEYANCING AND LAW OF PROPERTY Chap. 90 1045
or other consideration thereby acknowledged to be received
was not in fact paid or given wholly or in part, sufficient
evidence of the payment or giving of the whole amount
thereof. R.S.O. 1970. c. 85. s. 7.
8. On a sale the purchaser is not entitled to require that ^^basir
the conveyance to him be executed in his presence or that to execution
of his solicitor, but he is entitled to have, at his own cost, the
execution of the conveyance attested by some person appointed
by him, who may, if he thinks fit, be his solicitor.
R.S.O. 1970. c. 85. s. 8.
9. A partition of land, an exchange of land, an assignment ^J'^*™®"'
of a chattel interest in land, and a surrender in writing of certain
land not being an interest that might by law have been
created without writing, are void at law, unless made by
deed. R.S.O. 1970. c. 85, s. 9.
10. A contingent, an executory, and a future interest, oispos^i^
and a possibility coupled with an interest in land, whether interests in
' land by deed
the object of the gift or limitation of such interest or
possibihty is or is not ascertained, also a right of entry,
whether immediate or future, and whether vested or contingent,
into or upon land, may be disposed of by deed, but no such
disposition, by force only of this Act, defeats or enlarges
an estate tail. R.S.O. 1970, c. 85, s. 10.
11. An exchange or a partition of any tenements ^^^^'^^°^
hereditaments does not imply any condition in law, and the "grive" or
word "give" or the word "grant" in a conveyance does not
imply any covenant in law, except so far as the word
"give" or the word "grant" may, by force of any Act in
force in Ontario, imply a covenant. R.S.O. 1970. c. 85, s. 11.
12. Sections 9. 10 and 11 do not extend to any deed. 5fPP%V°°
act or thing executed or done, or to any estate, right or
interest created before the 1st day of January, 1850.
R.S.O. 1970. c. 85. s. 12.
13. — (1) Where by any letters patent, assurance or will, 5^^^°'
made and executed after the 1st day of Tuly, 1834. land has devises, etc..
, T ■ , to two or
been or is granted, conveyed or devised to two or more more
persons, other than executors or trustees, in fee simple or
for any less estate, it shall be considered that such persons
took or take as tenants in common and not as joint tenants,
unless an intention sufficiently appears on the face of the
letters patent, assurance or will, that they are to take as
joint tenants.
1046
Chap. 90 CONVEYANCING AND LAW OF PROPERTY ScC. 13 (2)
Husband
and wife
(2) This section apphes notwithstanding that one of such
persons is the wife of another of them. R.S.O. 1970, c. 85,
s. 13.
Land
acquired by
possession
Dy two or
more
What
included in
conveyance
Application
oisection
14. Where two or more persons acquire land by length of
possession, they shall be considered to hold as tenants in
common and not as joint tenants. R.S.O. 1970, c. 85, s. 14.
15. — (1) Every conveyance of land, unless an exception
is specially made therein, includes all houses, outhouses,
edifices, barns, stables, yards, gardens, orchards, commons,
trees, woods, underwoods, mounds, fences, hedges, ditches,
ways, waters, watercourses, lights, liberties, privileges, ease-
ments, profits, commodities, emoluments, hereditaments and
appurtenances whatsoever to such land belonging or in
anywise appertaining, or with such land demised, held,
used, occupied and enjoyed or taken or known as part or
parcel thereof, and, if the conveyance purports to convey an
estate in fee simple, also the reversion and reversions,
remainder and remainders, yearly and other rents, issues and
profits of the same land and of every part and parcel thereof,
and all the estate, right, title, interest, inheritance, use, trust,
property, profit, possession, claim and demand whatsoever
of the grantor into, out of or upon the same land, and
every part and parcel thereof, with their and every of their
appurtenances.
(2) Except as to conveyances under former Acts relating
to short forms of conveyances, this section applies only to
conveyances made after the 1st day of July, 1886. R.S.O.
1970, c. 85, s. 15.
Meaning of
"mining
rights"
16. Unless the contrary appears to be the intent of the
instrument, where in a conveyance the "mining rights" in
respect of any land are granted or reserved, the grant or
reservation shall be construed to convey or reserve the ores,
mines and minerals on or under the land, together with such
right of access for the purpose of winning the ores, mines
and minerals as is incidental to a grant of ores, mines and
minerals. R.S.O. 1970, c. 85, s. 16.
Meaning of
"surface
rights"
17. Unless the contrary appears to be the intent of the
instrument, where in a conveyance the "surface rights" in
respect of any land are granted or reserved, the grant or
reservation shall be construed to convey or reserve the land
therein described with the exception of the ores, mines and
minerals on or under the land and such right of access
for the purpose of winning the ores, mines and minerals
as is incidental to a grant of ores, mines and minerals. R.S.O.
1970, c. 85, s. 17.
Sec. 21 (3) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1047
18. In an instrument purporting to deal with "mining Application
rights" or "surface rights" these expressions respectively have
the meaning given them by sections 16 and 17. R.S.O.
1970, c. 85, s. 18.
10. Sections 16, 17 and 18 have effect only as to conveyances ^^^i"°° °^
or instruments executed on or after the 1st day of July, 1914,
and do not apply to conveyances by the Crown. R.S.O.
1970, c. 85, s. 19.
20. Any corporation capable of taking and conveying land "^ow ^^^^^
in Ontario shall be deemed to have been and to be capable may convey
of taking and conveying land by deed of bargain and sale in
hke manner as a person in his natural capacity, subject to
any general limitations or restrictions and to any special
provisions as to holding or conveying land that are applicable
to the corporation. R.S.O. 1970, c. 85, s. 20.
21. — (1) Where land subject to an encumbrance, whether ^^8^1°° for
immediatelv pavable or not, is sold bv a court or out of court, fromencum-
the court in which the sale takes place or the Supreme Court
may. on the application of a party to the sale, direct or allow
payment into court, in the case of an annual sum charged on
the land, or of a capital sum charged on a determinable
interest in the land, of such amount as, having regard to the
interest that it will earn, the court considers will be sufficient
by means of the income thereof to keep down or otherwise
provide for that charge, and, in any other case of capital
money charged on the land, of an amount sufficient to meet
the encumbrance and any interest due thereon, but in either
case there shall also be paid into court such additional
amount as the court considers ^^^ll be sufficient to meet
the contingency of further costs, expenses and interest, and
any other contingency, not exceeding one-tenth of the original
amount to be paid in, unless the court for special reasons
thinks fit to require a larger additional amount.
(2) The court may thereupon, either after or without notice ^rvJIung'^®
to the encumbrancer, declare the land to be freed from the order
encumbrance, and may make any order for conveyance or
vesting order proper for giving effect to the sale.
(3) After notice served on the persons interested in or^^^otions
entitled to the money or fund in court, the court may direct
payment or transfer thereof to the persons entitled to receive
or give a discharge for the same, and generally may give
directions respecting the apphcation or distribution of the
capital or income thereof.
1048
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 21 (4)
Effect of
payment
Into court
Covenants
to restrict
use of land
because of
race, creed,
etc.
(4) Payment of money into court effectually exonerates
therefrom the person making the payment and frees the
land from the charge or encumbrance. R.S.0. 1970, c. 85, s. 21.
22. Every covenant made after the 24th day of March,
1950, that but for this section would be annexed to and run
with land and that restricts the sale, ownership, occupation
or use of land because of the race, creed, colour, nationality,
ancestry or place of origin of any person is void and of no
effect. R.S.O. 1970, c. 85, s. 22.
Covenants
to be
implied
23. — (1) In a conveyance made on or after the 1st day of
July, 1886, there shall, in the cases in this section mentioned,
be deemed to be included, and there shall in those cases be
implied, covenants to the effect in this section stated, by the
person or by each person who conveys, as far as regards the
subject-matter or share thereof expressed to be conveyed by
him, with the person, if one, to whom the conveyance is
made, or with the persons jointly, if more than one, to whom
the conveyance is made as joint tenants, or with each of the
persons, if more than one, to whom the conveyance is
made as tenants in common:
On
conveyance
for value
by beneficial
owner
1 . In a conveyance for valuable consideration, other than
a mortgage, the following convenants by the person
who conveys, and is expressed to convey as beneficial
owner, namely, covenants for,
i. right to convey,
ii. quiet enjoyment,
iii. freedom from encumbrances, and
iv. further assurance,
R.S.O. 1980,
c. 472
according to the forms of covenants for such pur-
poses set forth in Schedule B to the Short Forms of
Conveyances Act, and therein numbered 2,3,4 and 5,
subject to that Act.
On
conveyance
of leaseholds
for value by
beneficial
owner
2. In a conveyance of leasehold land for valuable con-
sideration, other than a mortgage, the following
further convenant, by the person who conveys and is
expressed to convey as beneficial owner:
That, notwithstanding anything by the person who
so conveys, made, done, executed, or omitted, or
knowingly suffered, the lease or grant creating the
term or estate for which the land is conveyed is.
Sec. 23 (1) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1049
at the time of conveyance, a good, valid and
effectual lease or grant of the projjerty conveyed,
and is in full force, unforfeited, unsurrendered,
and in nowise become void or voidable, and that,
notwithstanding anything as aforesaid, all the
rents reserved by and all the covenants, conditions
and agreements contained in the lease or grant,
and on the part of the lessee or grantee, and the
persons deriving title under him to be paid,
observed and performed, have been paid, observed
and performed, up to the time of conveyance.
3. In a conveyance the following covenant by every c^n^eyance
person who conveys, and is expressed to convey, as by trustee,
trustee or mortgagee, or as personal representative
of a deceased person, or as committee of a mentally
incompetent person, or under an order of the court,
which covenant shall be deemed to extend to every
such person's own acts only, namely:
That the person so conveying has not executed, or
done, or knowingly suffered, or been party or privy
to any deed, act, matter or thing, whereby or by
means whereof the subject-matter of the convey-
ance, or any part thereof is or may be impeached,
charged, affected, or encumbered in title, estate
or otherwise, or whereby or by means whereof
the person who so conveys is in anywise hindered
from conveying such subject-matter or any part
thereof, in the manner in which it is expressed to
be conveyed.
On
4. In a conveyance by way of settlement the following settlement
covenant by a person who conveys and is expressed for further
to convey as settlor, namely : limited
That the person so conveying, and every person
deriving title under him by deed or act or operation
of law in his hfetime subsequent to that conveyance,
or by testamentary disposition or devolution in
law, on his death will, from time to time, and at all
times, after the date of that conveyance, at the
request and cost of any person deriving title
thereunder, execute and do all such lawful assur-
ances and things for further or more perfectly
assuring the subject-matter of the conveyance to
the persons to whom the conveyance is made,
and those deriving title under them, subject as,
if so expressed, and in the manner in which the
conveyance is expressed to be made, as by them or
any of them shall be reasonably required.
1050
Chap. 90 CONVEYANCING AND LAW OF PROPERTY ScC. 23 (2)
On
conveyance
by direction
of beneficial
owner
(2) Where in a conveyance it is expressed that by direction
of a person expressed to direct as beneficial owner another
person conveys, the person giving the direction, whether or not
he conveys and is expressed to convey, as beneficial owner,
shall be deemed to convey, and to be expressed to convey
as beneficial owner the subject-matter so conveyed by his
direction, and the covenants on his part mentioned in para-
graph 1 of subsection (1) shall be implied accordingly.
Enforcing
covenants
(3) The benefit of a covenant so implied is annexed and
incident to and goes with the estate or interest of the implied
convenantee, and is capable of being enforced by every
person in whom that estate or interest is for the whole or any
part thereof from time to time vested.
Variation of
covenants
(4) A covenant so implied may be varied or extended and as
so varied or extended operates, as far as may be, in the like
manner and with all the like incidents, effects and consequences
as if such variations or extensions were directed in this section
to be implied. R.S.O. 1970, c. 85, s. 23.
co've'^^an°t8°^ 24. — (1) A covenant relating to land of inheritance or to
inheritance land held for the life of another shall be deemed to be made with
the convenantee, his heirs and assigns, and has effect as if heirs
and assigns were expressed.
Idem,
not of
Inheritance
(2) A covenant relating to land not of inheritance or to land
not held for the life of another shall be deemed to be made
with the covenantee, his executors, administrators and
assigns, and has effect as if executors, administrators and
assigns were expressed. R.S.O. 1970, c. 85, s. 24.
Mode of
executing
powers
25. — (1) A deed executed in the presence of and attested
by two or more witnesses in the manner in which deeds are
ordinarily executed and attested is, so far as respects the
execution and attestation thereof, a valid execution of a power
of appointment by deed or by an instrument in writing, not
testamentary, notwithstanding that it is especially required
that a deed or instrument in writing, made in exercise of such
power, be executed or attested with some additional or other
form of execution or attestation or solemnity.
o«ier^°^ (2) T^^^ section does not operate to defeat any direction in
requirements the deed or instrument creating the power that the consent of a
particular person is necessary to a vahd execution, or that
any act is performed in order to give validity to any
appointment, having no relation to the mode of executing
and attesting the deed or instrument.
I
Sec. 28 (2) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1051
(3) Nothing in this section prevents the donee of a power u^"^"^
from executing it conformably to the power. R.S.O. 1970,
c. 85, s. 25.
26. — (1) A person to whom a power, whether coupled with Disclaimer
,,,,.,., of power by
an interest or not, is given may by deed disclaim or release donee
or contract not to exercise the power.
(2) A person disclaiming is not afterwards capable of Disclaimers
exercising or joining in the exercise of the power, and on such
disclaimer the power may be exercised by the other or
others or the survivor or survivors of the others of the
persons to whom the power was given, unless the contrary is
expressed in the instrument creating the power. R.S.O.
1970, c. 85. s. 26.
27. Where under a power of sale a sale in good faith is validity of
, , . , , . , , ° . , sale under
made of an estate with the timber thereon or with any power
articles attached thereto, and the tenant for life or any other misu^n
party to the transaction is by mistake allowed to receive ten&atU)T°
for his own benefit a part of the purchase money or value ^*'®
of the timber or article, the Supreme Court, upon an action
brought or upon application made in a summary way, may
declare that upon payment by the purchaser or the claimant
under him of the full value of the timber or article at the
time of the sale, with such interest thereon as the court
directs, and the settlement of the principal money and interest
under the direction of the court, upon such person as in the
opinion of the court is entitled thereto, the sale ought to be
established, and upon payment and settlement being made
accordingly, the court may declare the sale valid, and there-
upon the legal estate vests and goes in like manner as if the
power had been duly executed, and the costs of the application,
as between solicitor and client, shall be paid by the purchaser
or the claimant under him. R.S.O. 1970, c. 85, s. 27.
28. — (1) No appointment made in exercise of a power or ^p^^
authority to appoint any property, real or personal, among mente
several objects, is invalid or shall be impeached on the ground
that an unsubstantial, illusory or nominal share only is thereby
appointed to, or left unappointed to devolve upon, any one or
more of the objects of such power, or upon the ground that any
object of such power has been altogether excluded, but every
such appointment is valid and effectual, notwithstanding that
any one or more of the objects shall not thereunder, or in
default of such appointment, take more than an unsubstantial,
illusory, or take no share thereof, or nominal share of the
property subject to such power.
(2) Nothing in this section prejudices or affects any pro- ^^Jj^f °'
vision in a deed, will or other instrument creating any such requirements
«=" -^ in constating
instrument
1052
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 28 (2)
power that declares the amount of the share or shares from
which no object of the power shall be excluded or that some
one or more object or objects of the power shall not be
excluded or give any validity, force or effect to any
appointment, other than such appointment would have had if
a substantial share of the property affected by the power
had been thereby appointed to, or left unappointed, to
devolve upon any object of such power. R.S.O. 1970, c. 85,
S.28.
Waste by
dowress.
etc.
29. A dowress, a tenant for life or for years, and the
guardian of the estate of a minor, are impeachable for waste and
liable in damages to the person injured. R.S.O. 1970, c. 85,
s. 30; 1977, c. 40, s. 51 (2).
Waste by
tenant for
life without
impeach-
ment of
waste
30. An estate for life without impeachment of waste does
not confer upon the tenant for life any legal right to commit
waste of the description known as equitable waste, unless an
intention to confer the right expressly appears by the instru-
ment creating the estate. R.S.O. 1970, c. 85, s. 31.
Waste ^ 3 J ^ Tenants in common and joint tenants are liable to
joint tenants their co-tenants for waste, or, in the event of a partition,
and tenants , - ^ i i • ■, ■, ^ . .
in common the part wasted may be assigned to the tenant committing
the waste at the value thereof to be estimated as if no
waste had been committed. R.S.O. 1970, c. 85, s. 32.
Waste by
lessees
32. Lessees making or suffering waste on the demised
premises without licence of the lessors are liable for the full
damage so occasioned. R.S.O. 1970, c. 85, s. 33.
Release of
f)art of
and from
rent-charge
33. The release from a rent-charge of part of the land
charged therewith does not extinguish the whole rent-charge,
but operates only to bar the right to recover any part of it out
of the land released without prejudice to the rights of all
persons interested in the land remaining unreleased and not
concurring in or confirming the release. R.S.O. 1970, c. 85,
s. 34.
Abrogation
of doctrine
of scintilla
juris
34. Where by a deed, will or other instrument land is
limited to uses, all uses thereunder, whether expressed or
implied by law and whether immediate or future or contingent
or executory or to be declared under any power therein
contained, take effect when and as they arise by force of and
by relation to the estate and seisin originally vested in the
person seised to the uses, and the continued existence in him
or elsewhere of any seisin to uses or scintilla juris are
Sec. 37 (3) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1053
not necessary for the support of, or to give effect to, future
or contingent or executory uses, nor shall any such seisin
to uses or scintilla juris be deemed to be suspended or to
remain or to subsist in him or elsewhere. R.S.O. 1970, c. 85,
s. 35.
35. Every contingent remainder is capable of taking contingent
effect notwithstanding the determination by forfeiture, surrender
or merger of any preceding estate of freehold. R.S.O. 1970,
c. 85, s. 36.
36. — Cl) There shall not be any merger by operation of ^P"^^^^I
law only of any estate, the beneficial interest in which, prior operation
to The Ontario Jttdicature Act, 1881, would not have been 44v.,c.5
deemed merged or extinguished in equity. R.S.O. 1970, c. 85,
s. 37.
(2) Where a person who has a leasehold estate in land Merger of
, , leasehold
under a lease, in
freehold
(a) from Ontario Housing Corporation or Ontario Land
Corporation; or
(ft) from the Crown under the Mining Act or the Public ^^^'^ 7n'
Lands Act,
acquires the freehold estate in the land, the leasehold estate
merges in the freehold estate and upon the merging the free-
hold estate becomes subject to any interest to which the
leasehold estate was subject immediately before the merging
in the same ranking as to priorities as were then held. 1979,
c. 42, s. 1.
37. — (1) Where a person makes lasting improvements on f^^rfm^ro^"*^
land under the belief that it is his own, he or his assigns are ments under
.,, ,. , ', iT-,- mistake of
entitled to a hen upon it to the extent of the amount by which its title
value is enhanced by the improvements, or are entitled or may
be required to retain the land if the court is of opinion or
requires that this should be done, according as may under all
circumstances of the case be most just, making compensation
for the land, if retained, as the court directs.
(2) In subsection (1), "court" means Supreme Court or the J^SS"^
county or district court of the county or district in which the
land or any part thereof is situate.
(3) Where an application under subsection (1) is made to a ^™o^of
. . . procooQi u^s
count v or district court, a respondent may, by notice served into
, ,• , 1 ,1 y \. 1 J Supreme
on the applicant and on the other respondents, it any, and court
filed with proof of service thereof with the clerk of the county
or district court not later than two days preceding the
day of return of the application, require the proceedings to be
removed into the Supreme Court.
1054
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 37 (4)
Transmission
of
proceedings
(4) Upon the filing of the notice and proof of service
thereof, the clerk of the county or district court shall forthwith
transmit the papers and proceedings to the proper office of
the Supreme Court in the county or district in which the
application is made.
the
prlJceedings ^^^ When the papers and proceedings are received at
proper office of the Supreme Court, the proceedings shall there
upon be removed into the Supreme Court.
Appeal (5) An appeal lies to the Court of Appeal from any order made
under this section. R.S.O. 1970, c. 85, s. 38.
Rule as to 3^, Nq purchase made in good faith and without fraud of
purcudiSOS 01 till
reversions any reversionary interest in property shall be opened or set
aside on the ground of undervalue. R.S.O. 1970, c. 85, s. 39.
Onus of
proof
Assignment
of property
to wife or
self and
others
Conveyance
of property
tonimself
Two or more
persons may
convey to
any one or
more of
themselves
Joint
tenancy of
corporation
andan
individual
39. It is not necessary, in order to maintain the defence of
a purchase for value without notice, to prove payment of the
mortgage money or purchase money or any part thereof.
R.S.O. 1970, c. 85, s. 40.
40. Any property may be conveyed by a person to himself
jointly with another person by the like means by which it might
be conveyed by him to another person, and may in like manner
be conveyed or assigned by a husband to his wife, or by a wife
to her husband, alone or jointly with another person.
R.S.O. 1970, c. 85, s. 41.
4 1 . A person may convey property to or vest property in
himself in like manner as he could have conveyed the property
to or vested the property in another person. R.S.O. 1970,
c. 85, s. 42.
42. Two or more persons, whether or not they are trustees or
personal representatives, may convey and shall be deemed
always to have been capable of conveying property vested in
them to any one or more of themselves in like manner as they
could have conveyed the property to a third party, but, if the
persons in whose favour the conveyance is made are, by reason
of any fiduciary relationship or otherwise, precluded from
validly carrying out the transaction, the conveyance is liable to
be set aside. R.S.O. 1970, c. 85, s. 43.
43. — (1) A corporation is and has been capable of acquiring
and holding real or personal property in joint tenancy in the
same manner as if it were an individual, and, where a
corporation and an individual, or two or more corporations,
became or become entitled to any such property under
circumstances or by virtue of any instrument that would, if the
corporation had been an individual, have created a joint
tenancy, they are and have been entitled to the property
Sec. 47 CONVEYANCING AND LAW OF PROPERTY Chap. 90 1055
as joint tenants, but the acquisition and holding of prof)erty
by a corporation in joint tenancy has been and is subject to the
like conditions and restrictions as attach to the acquisition
and holding of prop)erty by a corporation in severalty.
(2) Where a corporation is joint tenant of property and the Devolution
.• 1- 1 .1^ , 1 1 r 1 ondl88olu-
corporation dissolves, the property devolves on the other joint tionof
tenant. R.S.O. 1970, c. 85, s. 44. I'oWte^nt
44. Where bv the terms of a conveyance of land a right of Effector
reservation
way or easement is reserved or excepted from the land thereby of right of
Wftv or othor
transferred or charged, such reservation or exception is effectual easement
and shall be deemed always to have been effectual to vest the
right of way or easement in the transferor or chargor of the land
notwithstanding that the transferee or chargee does not execute
the instrument. R.S.O. 1970, c. 85, s. 45.
45. Where an estate is, by a marriage or other settlement, po|«J^umo°vL
limited in remainder to, or to the use of, the first or other son or ^P*^®"^ ^°
sons of the body of a p)erson lawfully begotten, with any remainder
remainder over to, or to the use of, any other person or in
remainder to, or to the use of, a daughter lawfully begotten,
with any remainder to any other jjerson, any son or daughter
of such person lawfully begotten or to be begotten who is born
after the decease of his or her father shall, by virtue of such
settlement, take such estate so limited to the first and other son
or daughter in the same manner as if born in the lifetime of his
or her father, although there may be no estate limited to
trustees, after the decease of the father, to preserve the
contingent remainder to such afterborn son or daughter, until
he or she come in esse, or is born, to take the same. R.S.O. 1970,
c. 85, s. 46.
46. If a person for whose life an estate is granted remains when death
r /-\ • I I'trif fi f ot cestui que
out of Ontario or absents himself therefrom for the space of ne presumed
seven years together so that it cannot be ascertained whether
he is alive or dead and no sufficient proof is made of the life
of such person in any action commenced for recovery of such
estate by the lessor or reversioner, the person upon whose hfe
such estate depended shall be accounted as naturally dead,
and in every action brought for the recovery of the estate by
the lessor or reversioner, his heirs or assigns, judgment shall
be given accordingly. R.S.O. 1970, c. 85, s. 47.
47. If a person is evicted out of land by virtue of section 46, ^*fant°when
and if afterwards the person upon whose life such estate cestui que vie
* * proved to be
depends returns to Ontario, or in any action to be brought for "vin*
recovery of the same, is shown to be living or to have been
living at the time of the eviction, the tenant or lessee who
was ousted, his executors, administrators or assigns, may
re-enter, ref)ossess, have, hold and enjoy the land in his former
1056
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 47
Order for
production
of person at
instance of
reversioner,
etc.
estate, for and during the life, or so long a term as the person
upon whose life the estate depends is living, and also shall,
upon action to be brought by him against the lessor,
reversioner, tenant in possession or other person, who, since
the time of the eviction, received the profits of the land,
recover for damages the full profits thereof, with lawful
interest for, and from, the time that he was ousted and kept
or held out of the land by such lessor, reversioner, tenant in
possession or other person, whether the person upon whose
life such estate depends is living or dead at the time of
bringing the action. R.S.O. 1970, c. 85, s. 48.
48. — (1) The Supreme Court may, on the application of a
person who has a claim or demand in, or to, any remainder,
reversion, or expectancy, in, or to, any estate in land, after the
death of a person within age, married woman, or any other
person whomsoever, upon affidavit made by the person so
claiming such estate of his title, and that he has cause to
believe that such minor, married woman or other person is
dead, and that his or her death is concealed by the guardian,
trustee, husband or other person, which application may be made
once a year if the person aggrieved thinks fit, order that
such guardian, trustee, husband or other person concealing,
or suspected to conceal, such person, do, at such time and
place as the court directs, on personal or other due service of
such order, produce and show to such person and persons,
not exceeding two, as shall in such order be named by the
party prosecuting such order, such minor, married woman or
other person.
(2) If such guardian, trustee, husband or other person refuses
or neglects to produce or show such minor, married woman or
other person on whose life any such estate depends according
to the directions of the order, the court is hereby authorized
and required to order such guardian, trustee, husband or other
person to produce such minor, married woman, or other person
concealed, in the court or otherwise before commissioners to
be appointed by the court at such time and place as the court
directs, two of which commissioners shall be nominated by
the party prosecuting such order, at his costs and charges.
onfanureto'^ (^) ^^ ^^^^ guardian, trustee, husband or other person
produce refuses or neglects to produce such minor, married woman, or
other person so concealed, in court or before such commis-
sioners, whereof return shall be made by such commissioners
and filed in the office of the Registrar of the Supreme Court
at Osgoode Hall, in either, or any, of such cases, such minor,
married woman or other person shall be taken to be dead, and
it is lawful for any person claiming any right, title, or interest,
in remainder or reversion, or otherwise, after the death of
such minor, married woman or other person to enter upon
Order for
production
of person
before com-
missioner
Sec. 51 CONVEYANCING AND LAW OF PROPERTY Chap. 90 1057
such land as if such minor, married woman or other p)erson
were actually dead. R.S.O. 1970. c. 85, s. 49.
49. If it appears to the court by affidavit that such minor, where
. , , -11 person
married woman or other person is, or lately was, at some required to
certain place out of Ontario in the affidavit mentioned, the is out of ^
party prosecuting such order, at his costs and charges, may "'^^^
send over one or both of the p)ersons appointed by the order
to view such minor, married woman or other person, and if
such guardian, trustee, husband or other person, concealing, or
suspected to conceal, such person, refuses or neglects to
produce, or procure to be produced to such person or persons
a personal view of such minor, married woman or other
f)erson, then such person or persons shall make a true
return of such refusal or neglect to the court, which shall be
filed in the office of the Registrar of the Supreme Court at
Osgoode Hall and thereupon such minor, married woman
or other person shall be taken to be dead, and any person
claiming any right, title or interest in remainder, reversion
or otherwise, after the death of such minor, married woman or
other {jerson, may enter upon such land as if such minor,
married woman or other person were actually dead. R.S.O.
1970, c. 85, s. 50.
50. If it afterwards appears, upon proof in an action to be ?^®°**^^k »
brought, that such minor, married woman or other person person
,. ,. , , , ,. required to
was alive at the time such order was made, such minor, be produced
married woman, guardian, trustee or other person having any
estate or interest determinable up)on such life may re-enter
upon the land and may maintain an action against those who,
since the order, received the profits thereof, or their executors
or administrators, and recover full damages for the profits
of the same received from the time that such minor, married
woman or other person having an estate or interest deter-
minable upon such life was ousted of the possession of such
land. R.S.O. 1970, c. 85, s. 51.
51. If any such guardian, trustee, husband or other person when it
holding or having any estate or interest determinable upon the grSardian,
life of any other person shows to the satisfaction of the court produce°°
that he has used his utmost endeavour to procure such minor, {^Swe^''"
married woman or other person on whose life such estate or
interest depends to appear in court or elsewhere according to
the order, and that he cannot procure or compel such
appearance, and that such minor, married woman or other
jjerson is living or was living at the time such return was
made and filed, the court may order that such person may
continue in the possession of such estate and receive the
rents and profits thereof during the minority of such minor and the
1058
Chap. 90 CONVEYANCING AND LAW OF PROPERTY Sec. 51
life of any other person on whose life such estate or interest next
depends as fully as he might have done if this section and sections
48, 49 and 50 had not been enacted. R.S.O. 1970, c. 85, s. 52.
Guardians,
trustees, etc.,
holding over
without con-
sent of re-
mainderman,
etc., deemed
trespassers
52. Every person having an estate or interest in land
determinable upon a life and the guardian or trustee for a minor
having such an estate who, after the determination of such
particular estate or interest, without the express consent of the
person who is next and immediately entitled upon and after
the determination of such particular estate or interest, holds
over and continues in possession of any land, shall be deemed a
trespasser, and every person entitled to any such land upon
and after the determination of such particular estate or
interest may recover in damages against every such person
so holding over the full value of the profits received during
such wrongful possession. R.S.O. 1970, c. 85, s. 53.
Assignments
of debts and
choses in
action
53. — (1) Any absolute assignment made on or after the
31st day of December, 1897, by writing under the hand of the
assignor, not purporting to be by way of charge only, of any
debt or other legal chose in action of which express notice in
writing has been given to the debtor, trustee or other person
from whom the assignor would have been entitled to receive
or claim such debt or chose in action is effectual in law, subject
to all equities that would have been entitled to priority
over the right of the assignee if this section had not been
enacted, to pass and transfer the legal right to such debt
or chose in action from the date of such notice, and all legal
and other remedies for the same, and the power to give a good
discharge for the same without the concurrence of the assignor.
Where
several
claimants
under
assignment
(2) In the case of an assignment of a debt or other chose in
action, if the debtor, trustee or other person liable in respect
of the debt or chose in action has had notice that such
assignment is disputed by the assignor or any one claiming
under him, or of any other opposing or conflicting claims to
such debt or chose in action, he is entitled, if he thinks fit, to
call upon the several persons making claim thereto to interplead
concerning the same, or he may, if he thinks fit, pay the same
into the Supreme Court under and in conformity with the
provisions of law for the relief of trustees. R.S.O. 1970,
c. 85, s. 54.
Bonds and 54 — (i) The bonds or debentures of a corporation made
debentures of ^ ' 111
corporations payable to bearer, or to a person named therein or bearer,
may be transferred by delivery, and if payable to a person or
order, after general endorsation thereof by such person, are
transferable by delivery.
I
Sec. 61 (1) CONVEYANCING AND LAW OF PROPERTY Chap. 90 1059
(2) Any such transfer vests the property in the bond orR*gt«of
debenture in the holder thereof and enables him to maintain
an action thereon in his own name. R.S.O. 1970, c. 85, s. 55.
55. Unless in the particulars or conditions of sale bv Auctions of
auction of land it is stated that the land will be sold subject sale deemed
to a reserved price or to a right of the seller to bid, the sale shall neS^V'
be deemed to be without reserve. R.S.O. 1970, c. 85, s. 56.
56. Upon a sale of land bv auction, without reserve, it is Prohibition
not lawful for a seller or for a puffer to bid at the sale, or for the bidding
auctioneer to take, knowingly, any bidding from the seller or
from a puffer. R.S.O. 1970, c. 85, s. 57.
57. Upon a sale of land by auction, subject to a right of the ^® bf^"®''
seller to bid, it is lawful for the seller or any one puffer to bid at
the auction in such manner as the seller thinks proper. R.S.O.
1970, c. 85, s. 58.
58. Nothing in sections 55, 56 and 57 authorizes a seller to seUernot
authorized
become the purchaser at the sale. R.S.O. 1970, c. 85, s. 59. to purchase
59. If a seller or mortgagor of propertv or his solicitor or^^^^^w^yo'
1 1 , , •,, ' , • vendor or
agent conceals any settlement, deed, will or other mstrument mortgagor
material to the title, or any encumbrance, from the purchaser fraudulent
or mortgagee, or falsifies any pedigree upon which the title of deeds"etc!!
depends or may depend, in order to induce him to accept the ^ifgree^'*
title offered or produced to him, with intent to defraud, such
seller, mortgagor, solicitor or agent, irrespective of any criminal
liability he may thereby incur, is liable at the suit of the
purchaser or mortgagee or those claiming under him for any loss
sustained by them or either or any of them in consequence of
the settlement, deed, will or other instrument or encumbrance
so concealed, or of any claim made by any person under such
pedigree whose right was so concealed by the falsification of
such pedigree, and, in the case of land, in estimating such
damages where the prop)erty is recovered from such purchaser
or mortgagee or from those claiming under him, regard shall
be had to any expenditure by them, or either or any of them,
in improvements on the land. R.S.O. 1970, c. 85, s. 60.
60. An order of the court under any statutor>- or other 0^^^^^^.^
jurisdiction shall not, as against a purchaser, whether with or
without notice, be invalidated on the ground of want of
jurisdiction or of want of any concurrence, consent, notice or
service. R.S.O. 1970. c. 85, s. 61.
61. — (1) Where there is annexed to land a condition or ^*«"''^ctive
covenants.
covenant that the land or a specified part of it is not to be modification
or discD&TffG
built on or is to be or not to be used in a particular manner, of
1060
Chap. 90 CONVEYANCING AND LAW OF PROPERTY SeC. 61 (1)
or any other condition or covenant running with or capable
of being legally annexed to land, any such condition or
covenant may be modified or discharged by order of a judge
of the Supreme Court or of the judge of the county or district
court of the county or district in which the land or any
part of it is situate.
Removal of
firoceedlngs
nto
Supreme
Court
(2) Where an application under subsection (1) is made to
the judge of a county or district court, a respondent may,
by notice served on the applicant and on the other
respondents, if any, and filed with proof of service thereof
with the clerk of the county or district court not later than
two days preceding the day of return of the application,
require the proceedings to be removed into the Supreme
Court.
Transmission
of proceed-
ings
(3) Upon the filing of the notice and proof of service thereof,
the clerk of the county or district court shall forthwith
transmit the papers and proceedings to the proper office of
the Supreme Court in the county or district in which the
application is made.
proceedings (^) When the papers and proceedings are received at the
proper office of the Supreme Court, the proceedings shall
thereupon be removed into the Supreme Court.
Notice of
application
(5) Before making any such order, the judge shall cause
notice of the application to be given to such persons as
appear to him to be interested in the relief sought, either
by personal service, advertisement or by registered mail as
he directs.
App®*i (6) An appeal lies to the Court of Appeal from the decision of a
judge under subsection (1).
Exception (7) Nothing in this section applies to building restrictions
^^^02 \^7^q' i^^Posed by a by-law passed under the Municipal Act or the
Planning Act. R.S.O. 1970, c. 85, s. 62.
Sec. 1(1) Us CO-OPERATIVE CORPORATIONS Chap. 91 1061
CHAPTER 91
Go- operative Corporations Act
1.— (1) In this Act, ut?^"*"
1. "articles of incorporation" or "articles" means the
original or restated articles of incorporation, articles
of amalgamation, letters patent, supplementary
letters patent, a special Act and any other instru-
ment by which a co-operative is incorporated, and
includes any amendments thereto ;
2. "authorized capital" means the authorized capital
as determined under section 25 ;
3. "certificate of incorporation" includes letters patent,
a special Act or any other instrument by which a
co-operative is incorporated ;
4. "certified copy" means,
i. in relation to a document of a co-operative,
a copy of the document certified to be a true
copy under the seal of the co-operative and
signed by an officer thereof,
ii. in relation to a document issued by a court,
a copy of the document certified to be a true
copy under the seal of the court and signed by
the registrar or clerk thereof,
ill. in relation to a document in the custody of
the Ministry, a copy of the document certified
to be a true copy under the seal of the
Minister and signed by the Minister or by such
officer of the Ministry as is designated by the
regulations ;
5. "co-op)erative" means a corporation carrying on an
enterprise on a co-operative basis and to which this
Act applies;
1062 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 1 (1) 116
6. "co-operative basis" means organized, operated and
administered upon the following principles and
methods,
i. each member or delegate has only one vote,
ii. no member or delegate may vote by proxy,
iii. interest on loan capital and dividends on share
capital are limited to a percentage fixed by
this Act or the articles of incorporation, and
iv. the enterprise of the corporation is operated
as nearly as possible at cost after providing
for reasonable reserves and the payment or
crediting of interest on loan capital or
dividends on share capital ; and any surplus
funds arising from the business of the organiza-
tion, after providing for such reasonable
reserves and interest or dividends, unless used
to maintain or improve services of the
organization for its members or donated for
community welfare or the propagation of co-
operative principles, are distributed in whole
or in part among the members in proportion
to the volume of business they have done with
or through the organization ;
7. "corporation" means a corporation with or without
share capital whether or not it is a co-operative
to which this Act applies ;
8. "court" means the Supreme Court of Ontario pre-
sided over by one of those judges of the High Court
who are designated by the Chief Justice of the High
Court for the purpose of hearing applications under
this Act ;
9. "debt obligation" means a bond, debenture, note or
other similar obligation of a corporation, whether
secured or unsecured ;
10. "direct charge co-operative" means a co-operative
that deals with its members and prospective members
only in products or services on a cost basis and that
directly charges its members a fee to cover the
operating expenses of the co-operative ;
Sec. 1 (l)5f20ii co-operative corporations Chap. 91 1063
11. "financial statement" means a financial statement
referred to in section 128;
12. "issued capital" means the issued capital as deter-
mined under section 29 ;
13. "member" means a person who is a member of a
co-operative pursuant to the provisions of this Act
or the articles and by-laws of the co-operative
governing membership ;
14. "Minister" means the Minister of Consumer and
Commercial Relations or such other member of the
Executive Council to whom the administration of
this Act may be assigned ;
15. "Ministry" means the Ministry of the Minister;
16. "officer" means the chairman or any vice-chairman
of the board of directors, the president, any vice-
president, the secretary, any assistant secretary, the
treasurer, any assistant treasurer, thegeneral manager,
or any other person designated an officer by by-law
or by resolution of the directors or any other in-
dividual who performs functions for the co-operative
similar to those normally performed by an individual
occupying any such office ;
17. "personal representative", where used with reference
to the holding of shares or loans or the exercise of
a member's rights in that capacity, means in the
capacity of an executor, administrator, guardian,
tutor, trustee, receiver or liquidator of the member,
shareholder or lender or the committee of or curator
to the member, shareholder or lender who is a
mentally incompetent jjerson ;
18. "prescribed" means prescribed by the regulations;
19. "regulations" means the regulations made under
this Act ;
20. "related person", where used to indicate a relation-
ship with any person, means,
i. any spouse, son or daughter of that person, or
ii. any relative of such person or of his spouse,
other than a relative referred to in sub-
paragraph i, who has the same home as such
person;
1064 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 1(1)1I21
21. "resident Canadian" means a Canadian citizen or
person lawfully admitted to Canada for perrhanent
residence, who is ordinarily resident in Canada ;
22. "security" means any share of any class of shares
or any debt obligation of a corporation ;
23. "senior officer" means,
i. the chairman or any vice-chairman of the
board of directors, the president, any vice-
president, the secretary, the treasurer or the
general manager of a co-operative or any other
individual who performs functions for the
co-operative similar to those normally per-
formed by an individual occupying any such
office, and
ii. each of the five highest paid employees of a
co-operative, including any individual referred
to in subparagraph i;
24. "special resolution" means a resolution that is not
effective until it is,
i. passed by the directors of a co-operative, and
ii. confirmed, with or without variation, by at
least two-thirds of the votes cast at a general
meeting of the members of the co-operative
duly called for that purpose, or such greater
proportion of the votes cast as the articles
provide ;
25. "term loan" means a loan having a fixed date of
maturity and includes member and patronage loans
having a fixed date of maturity.
tatfon^* ^^) For the purposes of this Act, a corporation shall be
subsidiary deemed to be a subsidiary of a co-operative if, but only if,
it is controlled by that co-operative.
co-<?Defative (^) ^^^ the purposes of this Act, a co-operative shall be
deemed to be a corporation's holding co-operative if, but only
if, that corporation is its subsidiary.
Control (4) Por the purposes of this Act, a subsidiary shall be
deemed to be controlled by one or more other corporations if,
but only if,
(a) shares of the subsidiary carrying more than 50 per
cent of the votes for the election of directors are held,
other than by way of security only, by or for the
benefit of such one or more other corporations ; and
Sec. 4 (2) CO-OPERATIVE CORPORATIONS Chap. 91 1065
{b) the votes carried by such shares are sufficient, if
exercised, to elect a majority of the board of
directors of the subsidiary.
(5) For the purposes of this Act, a co-operative is insolvent insolvency
if its liabilities exceed the realizable value of its assets or if
the co-operative is unable to pay its debts as they become due.
(6) In determining the number of members of a co-operative, Number of
, ' r 1 • A 1111 members
tor the purposes oi this Act, two or more persons holding the
same share or shares jointly shall be counted as one member.
1973, c. 101, s. 1.
2. The Minister may delegate in writing any of his duties ^j.^'JJjj^*^"
or powers under this Act to any public servant in the Ministry.
1973. c. 101, s. 2.
3. This Act, except where it is otherwise expressly pro- Application
vided, applies,
(a) to every corporation incorporated as a co-operative by
or under a general or special Act of the Parlianient of
the former Province of Upper Canada ;
(6) to every corporation incorporated as a co-operative by
or under a general or special Act of the Parliament
of the former Province of Canada that has its head
office and carries on business in Ontario and that
was incorporated with objects to which the authority
of the Legislature extends ; and
(c) to every corporation incorporated as a co-operative by
or under a general or special Act of the Legislature,
but this Act does not apply to a corporation to which the Credit R so. i980.
Unions and Caisses Populaires Act applies. 1973, c. 101, s. 3.
INCORPORATION
4. — (1) A co-operative may be incorporated under this i°corpora-
Act for any lawful objects to which the authority of the
Legislature extends, except those of a corporation the incor-
poration of which is provided for in any other Act.
(2) Where the practice of a profession is governed by an Professions
Act, a co-operative may be incorporated to practise the
profession only if such Act expressly permits the practice of
the profession by a corporation and subject to the provisions
of such Act. 1973, c. 101, s. 4.
1066 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 5 (1)
Articles of 5, — (1) Five OF morc persons, being,
(a) corporations; or
(b) natural persons who are of the age of eighteen years
or more,
and who intend to be members of the co-operative, may
incorporate a co-operative with or without share capital by
signing and delivering to the Minister in duplicate articles of
incorporation. 1978, c. 86, s. 1 (1).
Contents of (2) Subjcct to subscction (3), articles of incorporation shall set
out the following particulars:
1. The name of the co-operative to be incorporated.
2. The objects for which the co-operative is to be incor-
porated.
3. The place in Ontario where the head office of the
co-operative is to be located, giving the municipality
and the county or district or, where the head office
is to be located in territory without municipal
organization, the geographic township and district
and the address giving the street and number,
if any.
4. The number of directors of the co-operative and the
names in full and the residence addresses, giving the
street and number, if any, of each person who is to
be a first director of the co-operative.
5. The name in full, and the residence address, giving
the street and number, if any, of each of the
incorporators. 1973, c. 101, s. 5 (2).
i**^™ (3) In addition to the particulars required to be set out in
subsection (2), articles of incorporation shall state,
(a) where there is to be share capital,
(i) the authorized capital, the classes of shares,
if any, into which it is to be divided, the
number of shares of each class and the par
value of each share.
Sec. 5 (6) (a) co-operative corporations Chap. 91 1067
(ii) where there are to be preference shares, the
designations, preferences, rights, conditions,
restrictions, hmitations or prohibitions attach-
ing to them or each class of them,
(iii) the restrictions to be placed on the transfer
of its shares or any class thereof, and
(iv) the class and number of shares to be taken
by each incorporator and the amount to be
paid therefor;
(6) where there is to be no share capital,
(i) the amount of the membership fee,
(ii) the restrictions to be placed on the transfer of
member loans,
(iii) the classes of membership, if any, setting forth
the designation of and the terms and conditions
attaching to each class of membership, and
(iv) the amount of a minimum member loan, if any,
and any other matter required by this Act or the regulations
to be set out in the articles. 1973, c. 101, s. 5 (3); 1978,
c. 86, s. 1 (2).
(4) The articles may set out any provision that is authorized ^^^'^
by this Act to be set out in the articles or that could be the
subject of a by-law of the co-operative.
(5) Where the articles name as a first director a person consent of
, . , •..!,. , , firat.director
Who IS not an mcorporator, the articles shall have attached
thereto his written and signed consent to act as a first
director. 1973, c. 101, s. 5 (4, 5).
(6) The signature of each incorporator and of each first Affidavits
director and the fact that,
(a) each incorporator who is a natural person and each
first director is of the age of eighteen years or more ;
and
1068
Chap. 91
CO-OPERATIVE CORPORATIONS Sec. 5 (6) (b)
{b) each incorporator is to be a member of the co-
operative,
shall be verified by affidavit. 1978, c. 86, s. 1 (3).
Certificate of Q — (1) If the articles conform to law and the approval of
Incorpora- >-» \ / • , , ^^ ,
tion any person or body required by statute to approve the
incorporation has been given, the Minister shall, when all
prescribed fees have been paid.
{a) endorse on each duphcate of the articles the word
"Filed" and the day, month and year of the filing
thereof;
{b) file one of the duplicates in his office; and
{c) issue to the incorporators or' their agent a certificate
of incorporation to which he shall affix the other
duplicate.
Idem
(2) A co-operative comes into existence upon the date set
forth in its certificate of incorporation.
Idem
(3) A certificate of incorporation is conclusive proof that
all conditions precedent required to be performed by the
incorporators have been complied with and that the co-
operative has been incorporated under this Act, except in a
proceeding under section 166 to cancel the certificate for
cause. 1973, c. 101, s. 6.
NAME
Use of
"co-
operative"
7. — (1) The corporate name of a co-operative shall include
the word "co-operative" as part thereof.
Idem
(2) Where a co-operative or any director, officer, employee
or member uses the name of the co-operative, the word "co-
operative" may be abbreviated to "co-op".
Idem
(3) No corporation, association, partnership or individual
not being a co-operative to which this Act applies shall use in
Sec. 9 (1) (a) (ii) co-operative corporations Chap. 91 1069
Ontario a name that includes the word "co-operative" or any
abbreviation or derivation thereof whether or not the word,
abbreviation or derivation is used in or in connection with
the name.
(4) Subsection (3) does not apply to a corporation incorporated idem
by or under the authority of the Parliament of Canada, to a
corporation granted an extra-provincial licence, to a corporation
incorporated under the laws of Ontario before the 12 th day of
April, 1917, or to a corporation to which the Credit Unions and R so. i98o,
Caisses Populaires Act applies. 1973, c. 101, s. 7 (1-4).
(5) Subject to subsection (6), the name of a co- .Vj^g°^.
operative incorporated after the 31st day of March, 1974 shall pora**<*"-
have the word "Incorporated" or "Corporation" or its corre-
sponding abbreviation "Inc." or "Corp." as the last word
thereof. 1978, c. 86, s. 2.
(6) Where a co-operative has share capital, the name of the .VLfmfted"
co-operative may have the word "Limited" or its abbreviation
"Ltd." as the last word thereof. 1973, c. 101, s. 7 (6).
8. Notwithstanding section 7, a co-operative may use its^^°^
name in such form and in such language as the articles provide
and as the Minister approves. 1973, c. 101, s. 8.
9. — (1) The name of a co-operative shall not, Sme*™"^*
{a) be the same as or similar to the name of a known
corporation, association, partnership or individual
whether in existence or not if its use would be likely
to deceive, except where the corporation, association,
partnership or individual signifies its or his consent in
writing to the use of the name in whole or in part,
and, if required by the Minister,
(i) in the case of a corporation, undertakes to
dissolve or change its name to a dissimilar
name within six months after the filing of the
articles or amendment by which the name is
acquired, or
(ii) in the case of an association, partnership or
individual, undertakes to cease to carry on its
or his business or activities, or change its or
his name to a dissimilar name, within six
1070 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 9 (1) (a) (ii)
months after the filing of the articles or amend-
ment by which the name is acquired ;
{b) suggest or imply a connection with the Crown or the
Government of Canada or the government of a muni-
cipality or any province or territory of Canada or any
department, branch, bureau, service, agency or
activity of any such government or municipality
without the consent in writing of the appropriate
authority ;
(c) suggest or imply a connection with a political party
or a leader of a political party ;
{(i) contain any word or phrase that indicates or implies
that it is incorporated for any object other than
one or more of the objects set out in its articles;
{e) contain any word or phrase or any abbreviation or
derivation thereof, the use of which is prohibited or
restricted under any other Act unless in the latter
case the restrictions are complied with ; or
(/) in the opinion of the Minister, be objectionable on
any public grounds.
Change of
name if
objectionable
(2) If a co-operative through inadvertence or otherwise has
acquired a name contrary to subsection (1), the Minister may,
after he has given the co-operative an opportunity to be
heard, issue a certificate of amendment to the articles changing
the name of the co-operative to the name specified in the
certificate, and, upon the issuance of the certificate of amend-
ment, the articles are amended accordingly.
Failure to
perform
undertaking
(3) Where an undertaking referred to in clause (1) (a) is given by
a co-operative and the undertaking is not carried out within the
time specified, the Minister may, after giving the co-operative an
opportunity to be heard, issue a certificate of amendment to the
articles changing the name of the co-operative to the name
specified in the certificate, and, upon the issuance of the certificate
of amendment, the articles are amended accordingly.
We™ (4) Where an undertaking referred to in clause ( 1) (a) is given by
a corporation to which this Act does not apply or by an associa-
tion, partnership or individual and the undertaking is not carried
out within the time specified, the Minister may, after giving the
Sec. 14 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1071
co-operative that acquired the name by virtue of such undertaking
an opportunity to be heard, issue a certificate of amendment to the
articles changing the name of the co-operative to the name
specified in the certificate, and, upon the issuance of the certifi-
cate, the articles are amended accordingly. 1973, c. 101, s. 9.
10. A change in the name of a co-operative does not affect ^aff*^®*"®*"
its rights or obligations. 1973, c. 101, s. 10. nghu.etc.
11. Where a co-operative carries on business or identifies unauthorized
' use 01
itself to the public in a name or style other than as provided "Limited".
in the articles, such name or style shall not include the word
"Limited", "Incorporated" or "Corporation" or any abbre-
viation thereof. 1973, c. 101, s. 11.
12. — (1) Any person may, on application in writing and on 5^^*"°°
the payment of the prescribed fee, reserve a corporate name
for the use and benefit of the applicant or his nominee for a
period of ninety days or such lesser period as he specifies,
if the name is at the time not contrary to section 9.
(2) During the period for which the n.^me has been reserved, ^**®'"
no corporation shall acquire the name or a similar name without
the consent in writing of the person for whose use and benefit
the name has been reserved. 1973, c. 101, s. 12.
SEAL AND HEAD OFFICE
13. — (1) A co-operative shall have a seal which shall be ^^^^
adopted and may be changed by resolution of the directors.
(2) The name of the co-operative shall appear in legible ^<*®'"
characters on the seal. 1973, c. 101, s. 13.
14. — (1) Subject to subsection (2), a co-operative shall at all ^^^
times have its head office at the place in Ontario where the
articles provide that the head office is to be located.
(2) A co-operative may by by-law change the municipality ^^j^doffice
or geographic township in which its head office is located to
another place in Ontario.
(3) Where the location of the head office of a co- ^Jni^ipaiity
operative is changed bv reason only of the annexation or annexed or
&rn&iffftniftt0u
amalgamation of the place in which the head office is located
1072
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 14 (3)
Filing of
by-law
Change of
street
address
to or with another municipality, such change does not con-
stitute and has never constituted a change within the mean-
ing of subsection (2).
(4) The co-operative shall, within ten days after a by-law
passed under subsection (2) has been confirmed by the members,
file a certified copy of the by-law with the Minister.
(5) A co-operative may by resolution of the directors change
the location of its head office within a municipality or geo-
graphic township and shall, within ten days after the passing
of the resolution, file with the Minister notice of the change
giving the address including the street and number, if any,
of the new location.
Validity (6) Failure to comply with subsection (4) or (5) does not affect
the validity of the by-law or resolution. 1973, c. 101, s. 14.
Corporate
charac-
teristics
Incidental
powers
POWERS
General
1 5. — ( 1 ) Every co-operative has power,
{a) to have perpetual succession ;
(b) to contract and sue and be sued in its corporate
name ; and
(c) to carry on business in or identify itself to the
public by a name or style other than its corporate
name.
(2) A co-operative has power as incidental and ancillary
to the objects set out in its articles,
1. to carry on any other business capable of being
conveniently carried on in connection with its
business or likely to enhance the value of any of its
property or rights ;
2. to acquire or undertake the whole or any part of the
business, property and liabilities of any person
carrying on any business that the co-operative is
authorized to carry on ;
3. to apply for, register, purchase, lease, acquire, hold,
use, control, license, sell, assign or dispose of
patents, patent rights, copyrights, trade marks,
formulae, licences, inventions, processes, distinctive
marks and similar rights ;
Sec. 15 (2) 1l9 CO-OPERATIVE CORPORATIONS Chap. 91 1073
4. to enter into partnership or into any arrangement
for sharing of profits, union of interests, co-operation,
joint adventure, reciprocal concession or otherwise
with any person or corporation carrying on or
engaged in or about to carry on or engage in any
business or transaction that the co-operative is
authorized to carry on or engage in or any business
or transaction capable of being conducted so as to
benefit the co-operative ;
5. where authorized to do so by resolution of the
board of directors and where it is necessary to
enable the co-operative to improve its services to
its members, to take or otherwise acquire and hold
securities in any other corporation having objects
altogether or in part similar to those of the co-
operative or carrying on any business capable of
being conducted so as to benefit the co-operative ;
6. to lend money to any other corporation or any firm
or person having dealings with the co-op)erative or
with whom the co-operative proposes to have
dealings or to any other corp)oration any of whose
shares are held by the co-operative ;
7. to apply for, secure or acquire by grant, legislative
enactment, assignment, transfer, purchase or other-
wise, and to exercise, carry out and enjoy any
charter, licence, power, authority, franchise, con-
cession, right or privilege, that any government or
authority or any corporation or other public body
may be empowered to grant, and to pay for, aid
in and contribute towards carrying it into effect and
to assume any liabilities or obligations incidental
thereto ;
8. to establish and support or aid in the establishment
and support of associations, institutions, funds or
trusts for the benefit of employees or former em-
ployees of the co-operative or its predecessors, or
the dependants or connections of such employees
or former employees, and grant pensions and allow-
ances, and make payments towards insurance or for
any object similar ^to those set forth in this para-
graph, and to subscribe or guarantee money for
charitable, benevolent, educational or religious ob-
jects or for any exhibition or for any public, general
or useful objects;
9. to promote any corp)oration for the purpose of
acquiring or taking over any of the property and
liabilities of the co-operative or for any other pur-
pose that may benefit the co-operative ;
1074 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 15 (2) IflO
10. to purchase, lease, take in exchange, hire or other-
wise acquire any personal property and any rights
or privileges that the co-operative considers necessary
or convenient for the purposes of its business ;
11. to construct, maintain and alter any buildings or
works necessary or convenient for its objects ;
12. to acquire by purchase, lease or otherwise and hold
any land or interest therein necessary for its actual
use and occupation or for carrying on its undertaking,
and, when no longer necessary therefor, to sell,
alienate or convey it ;
13. to take, hold and alienate real and personal property
that has in good faith been mortgaged to the co-
operative by way of security for, or conveyed to it
in satisfaction of, debts previously contracted in the
course of its business, or purchased at judicial
sales upon levy for such indebtedness, or other-
wise purchased for the purpose of avoiding a loss
to the co-operative ;
14. to construct, improve, maintain, work, manage,
carry out or control any roads, ways, tramways,
branches or sidings, bridges, reservoirs, water-
courses, wharves, manufactories, warehouses, electric
works, shops, stores and other works and con-
veniences that may advance the interests of the co-
operative and contribute to, subsidize or otherwise
assist or take part in the construction, improve-
ment, maintenance, working, management, carrying
out or control thereof;
15. to raise and assist in raising money for, and aid by
way of bonus, loan, promise, endorsement, guarantee
or otherwise, any person or corporation and guarantee
the performance or fulfilment of any contracts or
obligations of any person or corporation, and in
particular guarantee the payment of the principal
of and interest on the debt obligations of any such
person or corporation ;
16. to draw, make, accept, endorse, discount, execute
and issue bills of exchange, promissory notes, bills of
lading, warrants and other negotiable or transferable
instruments;
17. where authorized to do so by a special resolution
and by such additional authorization as the articles
provide, to sell, lease, exchange or otherwise dispose
Sec. 15 (2) 1124 co-operative corporations Chap. 91 1075
of all or substantially all the property of the co-
operative for such consideration as the co-operative
thinks fit;
18. to sell, improve, manage, develop, exchange, lease,
dispose of, turn to account or otherwise deal with the
property of the co-operative in the ordinary course
of its business;
19. to adopt such means of making known the products
or services of the co-of)erative as may seem expedient,
and in particular by advertising, by purchase and
exhibition of works of art or interest, by publication
of books and periodicals and by granting prizes and
rewards and making donations;
20. to cause the co-operative to be registered and re-
cognized in any foreign jurisdiction or any province
or territory of Canada, and designate persons therein
according to the laws of that foreign jurisdiction or
that province or territory of Canada to represent the
co-operative and to accept service for and on behalf
of the co-of)erative of any process or suit;
21. to allot and issue fully-paid shares of the co-operative
in payment or part payment of any property pur-
chased or otherwise acquired by the co-operative or
for any past services performed for the co-operative ;
22. to distribute among the members of the co-operative
in cash, kind, specie or otherwise as may be resolved,
by way of dividend, bonus or in any other manner
deemed advisable, any property of the co-operative,
but not so as to decrease the capital of the co-
operative unless the distribution is made for the
purjwse of enabling the co-operative to be dissolved
or the distribution, apart from this paragraph, would
be otherwise lawful;
23. to establish agencies and branches;
24. to take or hold mortgages, hypothecs, liens and
charges to secure payment of the purchase price,
or of any unpaid balance of the purchase price, of
any part of the property of the co-operative of
whatsoever kind sold by the co-operative, or for any
money due to the co-operative from purchasers and
others and to sell or otherwise dispose of any such
mortgage, hypothec, lien or charge;
1076
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 15 (2) 1l2S
Limited
by articles
25. to pay all costs and expenses of or incidental to the
incorporation and organization of the co-operative;
26. to invest and deal with the moneys of the co-ojDerative
not immediately required for the objects of the co-
operative in such manner as may be determined;
27. to do any of the things authorized by this subsection
and all things authorized by its articles as principals,
agents, contractors, trustees or otherwise, and either
alone or in conjunction with others;
28. to do all such other things as are incidental or con-
ducive to the attainment of the objects and the
exercise of the powers of the co-operative.
(3) Any of the powers set out in subsection (2) may be withheld
or limited by the articles.
Powers to
act outside
of Ontario
(4) Every co-operative may exercise its powers beyond the
boundaries of Ontario to the extent to which the laws in
force where the powers are sought to be exercised permit,
and may accept extra-provincial powers and rights. 1973,
c. 101, s. 15.
Acting
outside
powers
Restraining
order
16. — (1) No act of a co-operative and no transfer of real
or personal property to or by a co-operative, otherwise lawful,
that is heretofore or hereafter done or made, is invalid by
reason of the fact that the co-operative was without capacity
or power to do such act or make or receive such transfer, but
such lack of capacity or power may be asserted,
(a) in a proceeding against the co-operative by a member
under subsection (2);
(b) in a proceeding by the co-operative, whether acting
directly or through a receiver, liquidator, trustee or
other legal representative or through members in a
representative capacity, against a director or officer
or former director or officer of the co-operative; or
(c) as cause for the cancellation of the certificate of
incorporation of the co-operative under section 166.
(2) A member of a co-operative may apply to a court of
competent jurisdiction for an order to restrain the co-operative
from doing any act or transferring or receiving the transfer
of real or personal property on the ground that the co-operative
lacks capacity or power for the purpose, and the court may,
if it considers it to be just and equitable, grant an order
prohibiting the co-operative from doing the act or transferring
Sec. 18 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1077
of receiving the transfer of the real or f)ersonal property, but,
where the act or transfer sought to be restrained or prohibited
is being or to be done or made under a contract to which
the co-operative is a party,
(a) all the parties to the contract shall be parties to the
proceeding ;
(6) the court in granting the order may set aside the
contract and allow the co-operative or other parties
to the contract, as the case may be, such compensation
as may be equitable for the loss or damage sustained
by any of them from the granting of the order and
setting aside of the contract, other than anticipated
profits from the contract. 1973, c. 101, s. 16.
17. — (1) A co-operative shall not make loans to any of its ^^^,
members, directors or employees or give directly or indirectly, directors.
by means of a loan, guarantee, the provision of security or
otherwise, any financial assistance to any member, -director or
employee, except in the course of transactions of a type
available to all members of the co-operative.
(2) Those directors and officers of a co-operative who^^^^'^yof
authorize or consent to making a loan or giving financial and officers
assistance in contravention of subsection (1) are jointly and
severally liable to the co-operative and to its creditors for any
actual loss to the co-op)erative together with interest at the
rate of 6 per cent a year. 1973, c. 101, s. 17.
Contracts
18.— (1) A contract that if entered into by an individual S?imS^^^°
j)erson would by law be required to be in writing and under ^^^^r seal
seal may be entered into on behalf of a co-operative in writing
under the seal of the co-operative.
(2) A contract that if entered into by an individual person ^"'i^m)!"
would by law be required to be in writing signed by the parties "o**®"" ^^^
to be charged therewith may be entered into on behalf of a
co-operative in writing signed by any person acting under its
authority, express or implied.
(3) A contract that if entered into by an individual person ^^^ts
would by law be valid although made by parol only and not
reduced into writing may be entered into by parol on behalf of
a co-operative by any person acting under its authority,
express or implied. 1973, c. 101, s. 18.
1078
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 19
Power of
attorney
10. A co-operative may, by writing under seal, empower
any person, either generally or in respect of any specified
matters, to execute, as its attorney and on its behalf in any
place within or outside Ontario, documents to which it is a party
in any capacity and that are required by law to be under seal,
and every document signed by such attorney on behalf of the
co-operative acting within the scope of his authority, express or
implied, and under his seal binds the co-operative and has the
same effect as if it were under the seal of the co-operative.
1973, c. 101, s. 19.
Interpre-
tation
20. — (1) In this section,
(a) "contractor" means a person who enters into a pre-
incorporation contract in the name of or on behalf of
a co-operative before its incorporation ;
(b) "other party" means a person with whom a contractor
enters into a preincorporation contract ;
(f) "preincorporation contract" means a contract
entered into by a contractor in the name of or on
behalf of a co-operative before its incorporation.
Adoption of
preincor-
poration
contracts
(2) A co-operative may adopt a preincorporation contract
entered into in its name or on its behalf, and thereupon the
co-operative is entitled to the benefits and is subject to the
liabilities that were contracted in its name or on its behalf and
the contractor ceases to be entitled to such benefits or to be
subject to such liabilities.
Non-
adoption of
preincor-
poration
contracts
(3) Where a preincorporation contract is not adopted by a
co-operative, the contractor is entitled to the benefits and
subject to the liabilities under the contract and is entitled to
recover from the co-operative the value of any benefit received
by the co-operative under the contract.
Application
to court
for relief
(4) Whether or not a preincorporation contract is adopted
by the co-operative, the other party may apply to the court
which may, notwithstanding subsections (2) and (3), make an
order fixing or apportioning liability as between the contractor
and the co-operative in any manner the court considers just and
equitable under the circumstances. 1973, c. 101, s. 20.
By-laws
By-Laws and Resolutions
21. The directors may pass by-laws not contrary to this
Act or to the articles to regulate.
Sec. 23 (b) CO-OPERATIVE CORPORATIONS Chap. 91 1079
{a) the allotment and issue of shares, the payment
thereof, the issue of share certificates and the transfer
and the registration of transfers of shares ;
(b) the admission of persons as members and as ex
officio members and the qualification of and the con-
ditions of membership;
(c) the time for and the manner of election of directors ;
{d) the qualification and remuneration of directors in-
cluding conditions on eligibility of directors of the co-
operative by reference to a minimum annual volume
of business conducted by a director with the co-
operative ;
{e) the appointment, remuneration, functions, duties
and removal of agents, officers and employees of the
co-operative and the security, if any, to be given by
them to it ;
(/) the time and place and the notice to be given for the
holding of meetings of the members and of the board
of directors, the quorum at meetings of members and
the procedure in all things at members' meetings and
at meetings of the board of directors ;
(g) the payment of fees and dues of members ;
(A) the issue of membership cards and loan certificates;
{i) the suspension and termination of memberships by
the co-operative and by the members ;
{j) the conduct in all other particulars of the affairs of the
co-operative. 1973, c. 101, s. 21.
22. A by-law relating to the remuneration of a director as fjono?*'^^
director shall fix the remuneration and the period for which directors
it is to be paid. 1973, c. 101, s. 22.
23. No by-law is effective until it is, binSSI"^
{a) passed by the directors of a co-operative; and
(6) confirmed, with or without variation, by at least two-
thirds of the votes cast at a general meeting of the
members of the co-operative duly called for that
purpose, or such greater propxjrtion of the votes cast
as the articles provide. 1973, c. 101, s. 23.
1080 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 24 (1)
Member Groups and Delegates
redS^^tes ^'** — ^^^ ^^^ directors may pass by-laws providing for,
(a) the division of its members into groups, either
territorially or on the basis of common interest ;
(6) the election of some or all of its directors,
(i) by such groups on the basis of the number
of members in each group or the volume of
business done by each group with the co-
operative, or both, or
(ii) for the groups in a defined geographical area,
by the delegates of such grouf)s meeting
together;
(c) the election of delegates and alternate delegates to
represent each group on the basis of the number of
members in each group or the volume of business
done by each group with the co-operative, or both;
{d) where a member is a co-operative, the election or
appointment of delegates and alternate delegates to
represent the member co-operative on the basis of
the number of members in the member co-operative
or the volume of business done with the co-operative,
or both;
(e) the method of electing or appointing delegates and
the number of delegates;
(/) the holding of meetings of delegates ;
{g) the authority of delegates at meetings or pro-
viding that a meeting of delegates shall for all
purposes be deemed to be and to have all the powers
of a meeting of the members ;
(h) the holding of meetings of members or delegates
territorially or on the basis of common interest ;
(?) the payment of remuneration and expenses of dele-
gates attending meetings. 1973, c. 101, s. 24 (1);
1978, c. 86, s. 3 (1).
Sec. 26 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1081
(2) A delegate has only one vote and shall not vote by^°"°«
proxy. 1973, c. 101. s. 24(2).
(3) No person shall be elected or appointed a delegate ^t*"®'
who is not a member, officer or director of the co-Of)erative of delegates
or of a member co-operative. 1978, c. 86, s. 3 (2).
(4) No by-law under subsection (1) shall prohibit members from having
attending meetings of delegates and participating in the discus-
sions at such meetings. 1973, c. 101, s. 24 (4).
CAPITAL
Authorized Capital
25. — (1) The authorized capital of a co-operative shall ^***^®^
be divided into shares with par value and may consist of shares
of lYiore than one class.
(2) Each class of shares shall have a par value of $1 or Par value
any multiple thereof not exceeding $100.
(3) The authorized capital of the co-operative shall be ^p^^f*^®**
expressed in Canadian currency in its articles and is an
amount equal to the total of the products of the number of
shares of each class multiplied by the par value thereof. 1973,
c. 101, s. 25.
26. — ( 1 ) The common shares of a co-operative shall be shares 3^^°°
to which there is attached no preference, right, condition,
restriction, limitation or prohibition set out in the articles of
the co-operative other than the restriction on the allotment,
issue or transfer.
(2) Where a co-operative has only one class of shares, ^^1^^°^
that class shall be common shares and designated as co-
operative or co-op common shares.
(3) Where a co-operative has more than one class of shares, i**®™
one class shall be common shares, designated as provided in
subsection (2), and the other shares shall consist of one or more
classes of preference shares and shall have attached thereto
the designation co-operative or co-op preference shares and such
other designation and preferences, rights, conditions, restric-
tions, limitations or prohibitions as set out in the articles.
1082
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 26 (4)
fharir"*^^ (4) No class of preference shares shall be designated as
preference shares or by words of like import, unless the class
has attached thereto a preference or right over the common
shares. 1973, c. 101, s. 26.
rirtito^ete^' ^"^ ' ^ co-operative may issue one or more classes of pref-
erence shares having attached thereto preferences, rights,
conditions, restrictions, limitations or prohibitions, including
but not limited to.
{a) the right to cumulative, non-cumulative or partially
cumulative dividends ;
(b) a preference over any other class or classes of shares
as to the payment of dividends ;
(c) a preference over any other class or classes of shares
as to the repayment of the par value together with
any dividends declared but unpaid upon the dissolu-
tion of the co-operative or otherwise ;
(d) the right of the co-operative to redeem, without
the consent of the holders thereof, all or a part of
the shares of that class at their par value together
with any dividends declared but unpaid. 1973,
c. 101, s. 27.
shares of °^ 28. Each share of a class shall be the same in all respects
a class as every other share of that class. 1973, c. 101, s. 28.
Issued Capital
Issued
capital
29. The issued capital of a co-operative shall be expressed
in Canadian currency and is an amount equal to the total of
the products of the number of issued shares of each class
multiplied by the par value thereof less such decreases in the
issued capital as from time to time have been effected by the
co-operative in accordance with this Act. 1973, c. 101, s. 29.
?f^»>=u»i^° 30. — (1) Where an issued share of a class is cancelled, the
of par snare "■ -^ • \ /
issued capital is decreased by an amount equal to the par
value of the shares of that class.
offt-actkms" (^) ^ here a fraction of an issued share of a class is cancelled,
ofshares the issued capital is decreased by an amount that bears the
Sec. 31 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1083
same proportion to the amount determined under subsection (1)
that the fraction bears to a whole share of that class. 1973,
c. 101, s. 30.
Redemption, Purchase and Surrender
31. — (1) Where the articles provide that the shares of o.'RfAem^uon
, r r , r ,1 • , . of preference
class of preference shares are redeemable without the consent shares
of the holders thereof and part only of the preference shares
are to be redeemed, the shares to be redeemed shall be selected,
{a) by lot in such manner as the board of directors
determines ;
{b) as nearly as may be in proportion to the number of
preference shares of the class registered in the name
of each holder of shares of that class ; or
((•) in such other manner as the board of directors
determines with the consent of the holders of prefer-
ence shares of the class obtained in the rrianner set
out in subsection (2),
but the articles may confine the manner of selection to one or more
of those methods set out in clauses (a), (6) and (c).
(2) A co-operative shall not redeem shares under subsec- '"soiveno
tion (1) if the co-operative is insolvent or if the redemption would
render the co-operative insolvent.
(3) Where shares of a class of preference shares are selected in Method of
• 1 / / 1 • redemption
the manner referred to m clause (1) (c), the selection shall be
consented to in writing by,
(a) all the holders of the preference shares of the class;
or
{b) at least 95 per cent of the holders of the preference
shares of the class holding at least 95 per cent of the
issued shares of that class if, after twenty-one days
notice has been given by sending notice to each of
the holders of shares of that class addressed to him
at his latest address as shown on the records of the
co-operative, none of the holders of shares of that
class dissents in writing to the co-operative.
(4) Where a holder of redeemable preference shares of a i**™
co-operative dies or leaves its employment, notwithstanding
subsection (1), it may within one year of such event redeem
1084
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 31 (4)
all 01 any of the preference shares held by him. 1973, c. 101,
s. 31.
Purchase of
preference
and common
shares
Insolvency
Method
32. — (1) Subject to subsection (2), a co-operative,
{a) with the consent of the holder thereof, may pur-
chase all or a part of the shares in the co-operative
held by any person upon payment of such an
amount to that person as is agreed-upon not exceed-
ing the par value of the shares together with any
dividends declared but unpaid;
{b) when a corporate member is about to be dissolved
or a member has failed for a period of two years to
transact any business with the co-operative, may
redeem without the consent of such member his
shares upon payment to him of an amount equal to
the book value or par value of such shares, whichever
is the lesser. 1973, c. 101, s. 32 (1) ; 1978,c. 86, s. 4 (1).
(2) A co-operative shall not purchase or redeem shares
under subsection (1) if the co-operative is insolvent or if the
purchase would render the co-operative insolvent. 1973, c. 101,
s. 32 (2).
(3) Where shares are purchased or redeemed by a co-
operative under subsection (1) or where preference shares are
redeemed pursuant to the articles.
{a) if the articles so require, the shares shall be can-
celled and thereupon the authorized and issued capital
of the co-operative are thereby decreased, and the
articles are amended accordingly;
{b) if the articles do not require the shares to be can-
celled,
(i) the board -of directors may at the time of the
purchase or redemption cancel the shares in
which case the authorized and issued capital of
the co-operative are thereby decreased and the
articles are amended accordingly ; or
(ii) the board of directors may resell the shares
at such time as it determines for a con-
sideration equal to the product of the number
of shares resold multiplied by the par value
thereof. 1973, c. 101, s. 32 (3); 1978, c. 86,
s. 4 (2).
Sec. 35 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1085
83. — (1) A co-operative may accept from any member aJ/'g'JJJ^"
donation of any of its shares without any repayment of capital
in respect thereof. 1973, c. 101, s. 33 (1).
(2) Shares accepted under subsection (1) are not thereby saie of
cancelled and the board of directors may sell the shares at shares
such time as it determines for a consideration equal to
the product of the number of shares sold multiplied by the
par value thereof. 1978, c. 86, s. 5.
Offering Statement
34. — (1) No co-operative or person shall seU, dispose of, ^Jtemlnt
or accept directly or indirectly any consideration for securities
of the co-operative where the co-operative has more than
fifteen security holders, or where the sale or disposition of or
acceptance of consideration for such securities would have
the effect of increasing the number of security holders in the
co-operative to more than fifteen, unless the co-operative has
filed with the Minister an offering statement and has
obtained a receipt therefor.
(2) Subsection (1) does not apply to, Exception
(a) the issue of shares under subsection 56 (1) or of debt
obligations under subsection 56 (4); or
(6) a co-operative that has filed with the Ontario
Securities Commission both a preliminary prospectus
and a prospectus in respect of the offering of its
securities and receipts therefor have been obtained
from the Director of the Ontario Securities Com-
mission and copies thereof have been filed with the
Minister. 1978, c. 86, s. 6.
35. — (1) An offering statement shall provide full, true and |i^°^f^°*^
plain disclosure of all material facts relating to the securities
proposed to be issued.
(2) An offering statement shall comply as to form and coiJ^n"**
content with the requirements of this Act and the regulations.
(3) There shzfll be filed with an offering statement such ^a^'iii"*^
documents, reports and other material as are required by this
Act find the regulations.
(4) Where there is a material change in the facts set forth JJ^iSuwS*
in an offering statement, whether before or after the issuance
1086
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 35 (4)
Further
statements
of a receipt therefor, the co-operative shall, within thirty
days of that change, file with the Minister a statement of such
change.
(5) A co-operative may, and shall if required by the Minister,
file a further offering statement revised to give effect to all
previous material changes in place of the statement of material
change mentioned in subsection (4). 1973, c. 101, s. 35.
Issue of
receipts
36.^1) The Minister may in his discretion issue a receipt
for any statement filed under section 34 or subsection 35 (4) or (5)
unless it appears to the Minister that,
{a) the statement or any document required to be filed
therewith,
(i) fails to comply in any substantial respect with
any of the requirements of this Act or the
regulations,
(ii) contains any statement, promise, estimate or
forecast that is misleading, false or deceptive,
or
(iii) conceals or omits to state any material facts
necessary in order to make any statement
contained therein not misleading in the light
of the circumstances in which it was made; or
{b) the proceeds from the sale of the securities to which
the statement relates that are to be paid into the
treasury of the co-operative, together with other
resources of the co-operative, are insufficient to ac-
complish the purpose of the issue stated in the state-
ment.
Wem (2) The Minister shall not make any determination under
subsection (1) without making an order or ruling in writing
and without giving the co-operative that filed the statement
a prior opportunity to be heard. 1973, c. 101, s. 36.
8tltlmiSt°*^ 37. — (1) A copy of a statement for which the Minister has
issued a receipt under section 36 shall be opAi to inspection,
{a) at the offices of the Ministry; and
(6) during normal business hours, at the head office of
the co-operative.
Sec. 41 (1) CO-OPERATIVE CORPORATIONS Chap. 91 1087
(2) No person shcdl refuse to p)ermit a person to inspect ^xtracu
such statements or to make extracts therefrom. 1973, c. 101,
s. 37.
38. A co-operative already in existence when this Act Tradition
comes into force shall have a period of 180 days from that
date during which to comply with sections 34 to 37. 1973,
c. 101, s. 38.
Allotment, Issue and Transfer
39. — (1) Shares shall not be allotted or issued except for a ^^^^
consideration equal to the product of the number of shares
allotted or issued multiplied by the par value thereof. 1973,
c. 101, s. 39 (1); 1978, c. 86, s. 7.
(2) No share shall be issued until it is fully paid and a g,°°8^«™"°°
share is not fully paid until all the consideration therefor in
cash, property or services, as determined under this section,
has been received by the co-op)erative.
(3) For the purposes of subsection (2) and paragraph 21 of ^<*®™
subsection 15 (2), a document evidencing indebtedness of the
allottee does not constitute property, and services shall be past
services actually performed for the co-operative, and the value of
property or services shall be the value the directors determine by
express resolution to be in all the circumstances of the transaction
the fair equivalent of the cash value. 1973, c. 101, s. 39 (2, 3).
40. No transfer of common shares in a co-operative with ^*^J^^^'°f°°"
share capital, unless made bv sale under execution or under common
* -' shares
the decree, order or judgment of a court of competent jurisdic-
tion or by transmission to the personal representative of a
member, is valid for any purpose unless,
(a) the transfer has been authorized by resolution of the
directors of the co-of)erative or by a person authorized
by such a resolution to approve such transfers ;
(b) the transferee is admitted to membership in the
co-operative as required by its articles and by-laws ;
and
(c) the entry thereof has been duly made in the register
of transfers of the co-operative or in a branch register
of transfers,
except onlv as evidence of the rights of the parties thereto
towards each other. 1973, c. 101, s. 40.
41. — (1) A co-operative may provide by by-law for the comnUMion
payment of commissions to persons in consideration of their "litres
1088
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 41 (1)
No
unauthorized
commission
procuring subscriptions for shares in the co-operative, but
no such commission shall exceed 10 per cent of the par value
of the shares.
(2) Except as provided in subsection (1), no co-operative shall
apply any of its shares or capital, either directly or indirectly,
in payment of any commission to any person in consideration
of his procuring subscriptions for shares of the co-operative,
whether the shares or capital is so applied by being added
to the purchase money of any property acquired by the
co-operative or to the contract price of any work to be
executed for the co-operative, or is paid out of the nominal
purchase money or contract price or otherwise. 1978, c. 86,
s. 8.
Shares
personal
property
Lien on
shares
42. The shares of a co-operative are personal property
and are transferable in such manner and subject to such
conditions and restrictions as are prescribed by this Act and the
articles of the co-operative. 1973, c. 101, s. 42.
43. Where a member is indebted to the co-operative for
goods or services, and where the articles or by-laws so
provide, the co-operative has a lien to the extent of the debt
on the shares registered in the name of the member. 1978,
c. 86, s. 9.
Share and Loan Certificates
Share and
loan
certificates
Fee
Signing of
certificate
44. — (1) Every member is entitled to a share or loan
certificate in respect of the shares held or loans made by
him, signed by the proper officers in such form as the by-laws
of the co-operative provide, but in no case is the co-operative
bound to issue more than one share or loan certificate in
respect of a share or shares held or a loan made jointly
by several persons, and delivery of a share or loan certificate
to one of several joint holders or lenders is sufficient delivery
to all.
(2) A co-operative may charge a feg of not more than $1
for every share certificate issued, except that in the case of
the allotment and issue of shares, no fee shall be charged.
1973, c. 101, s. 44.
45. A share or loan certificate shall be signed manually by
at least one officer of the co-operative or by or on behalf of a
transfer agent of the co-operative, and the co-operative may
by by-law provide that any additional signatures required
on share or loan certificates may be printed, engraved, litho-
graphed or otherwise mechanically reproduced thereon, and in
such event share or loan certificates so signed are as valid as
if they had been signed manually. 1973, c. 101, s. 45.
Sec. 47 (2) CO-OPERATIVE CORPORATIONS Chap. 91 1089
46. — (1) Every share or loan certificate shall state upon contents of
■ ^ t certificates
Its face,
(a) the name of the co-operative and the words "A
co-operative incorporated under the law of the
Province of Ontario" or words of like effect ;
(6) the name of the person to whom the share or loan
certificate is issued as holder ;
(c) the amount, maturity date and annual rate of interest
where the certificate represents a loan ;
[d) the number and class of shares represented thereby
and the par value thereof where the certificate
represents shares ;
{e) a statement of the dividend rate, where applicable.
(2) Every share certificate shall have noted conspicuously F^'^^V"?®
thereon the words "Transfer of these shares is restricted".
(3) Where the articles or by-laws provide that a co-operative Notice
has a lien on shares as authorized by section 43, the right
of the co-operative to the lien shall be noted conspicuously
on every share certificate issued by the co-operative.
(4) In this section, "noted conspicuously" means written interpre-
• L 1 i • , 1 J tatlon
m such a way that the person agamst whom words so noted
or appearing are to operate ought reasonably to notice them.
1973, c. 101. s. 46.
47. — (1) A share certificate issued for a share of a class of pre°^^e*^
preference shares shall, share
*^ certificate
(a) legibly state on the certificate or have attached thereto
a legible statement of the preferences, rights, con-
ditions, restrictions, prohibitions or limitations attach-
ing to that class of shares ; or
(6) legibly state on the certificate that there are pref-
erences, rights, conditions, restrictions, prohibitions
or limitations attaching to that class and that a copy
of the full text thereof is obtainable on demand and
without fee from the co-operative.
(2) Where a share certificate contains a statement as provided ^<*®'"
in clause (1) (ft), the co-operative shall furnish to the holder of the
shares on demand without fee a copy of the full text of the
preferences, rights, conditions, restrictions, prohibitions and
limitations attaching to the share. 1973, c. 101, s. 47.
1090
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 48
Fractional 48. Where, as a result of a change in authorized capital
of a co-operative, a person becomes entitled to a fraction
of a share, he is not entitled to be registered on the records
of the co-operative in respect thereof or to receive a share
certificate therefor, but he is entitled to receive a bearer
fractional certificate in respect of such fraction, and on presenta-
tion at the head office of the co-operative or at a place
designated by the co-operative of bearer fractional certificates
for fractions that together represent a whole share, a share
certificate for a whole share shall be issued in exchange therefor.
1973, c. 101, s. 48.
Member
loans
Borrowing
from
members
Termination
of
membership
Borrowing
powers
Loan Capital
49. — (1) The capital of co-operatives without share capital
may be in the form of loans from members, called "member
loans", and such loans may be in such amounts, payable on
demand or at such times and without interest or at interest
not exceeding 10 per cent per annum, or if authorized by
by-law of the co-operative, at such a lesser rate as the board
of directors may by resolution determine . 1 973 ,c.l01,s.49(l);
1978, c. 86, s. 10 (1).
(2) A co-operative may borrow money from its members
not being loans made as a condition of membership or as
compulsory loans of patronage returns, in such amounts payable
on demand or at such times and either without interest or with
interest at such rate as the by-laws provide or, if authorized
by by-law, at such rate as the directors may by resolution
determine. 1973, c. 101, s. 49 (2).
(3) Where a member of a co-operative without share
capital,
{a) has failed to transact any business with the co-
operative for a period of two years ; or
{h) is a corporate member about to be dissolved,
then the directors of the co-operative may, by resolution passed
by a majority of the board, terminate the membership and
upon termination the co-operative, subject to section 67,
shall repay to the member the amount outstanding on loans to
the co-operative that are repayable on demand by the
member together with interest accrued thereon. 1978, c. 86,
s. 10 (2).
Borrowing Powers
50. — (1) Where authorized by by-law, the directors may,
[a] borrow money on the credit of the co-operative ; or
(6) issue, sell or pledge debt obligations of the co-
operative ; or
Sec. 54 0) CO-OPERATIVE CORPORATIONS Chap. 91 1091
(c) charge, mortgage, hyp)othecate or pledge all or any
currently owned or subsequently acquired real or
personal movable or immovable prof)erty of the co-
op)erative, including book debts, rights, powers,
franchises and undertaking, to secure any debt
obligations or any money borrowed or other debt or
liability of the co-operative.
(2) Any by-law referred to in subsection (1) may, contents
of by-law
(a) limit the amount to be borrowed as determined by
the by-law ; and
(6) provide for the delegation by the directors of the
powers conferred on them under the by-law to such
directors or officers of the co-operative and to such
extent and manner as is set out in the by-law. 1973,
c. 101, s. 50.
51. Nothing in this Act prohibits the issue of debt obliga- ^^^^^^
tions in bearer from. 1973, c. 101, s. 51. obligations
52. A condition contained in a debt obligation or in an ^rr^^eema^ie
instrument for securing a debt obligation is not invalid by obligations
reason only that the debt obligation is thereby made irredeem-
able or redeemable only on the happening of a contingency,
however remote, or on the expiration of a period, however long.
1973, c. 101, s. 52.
53. — (1) Where a co-operative makes a charge, mortgage ^ij^^
or other instrument of hypothecation or pledge to secure its obligations
debt obligations, the co-operative shall forthwith after the
making thereof file a duplicate original or certified copy of the
instrument in the office of the Minister, but such filing may be
made by any interested person.
(2) Where the filing is by an interested person under sub- Recovery
section (1), that person is entitled to recover from the co-operative
the amount of any prescribed fee paid by him on such filing.
(3) Subsection (1) does not apply to an instrument filed or Exception
registered under any other Act. 1973, c. 101, s. 53.
DIVIDENDS AND SURPLUS
54. A co-operative may by by-law provide that, before any ^^^n<j
distribution of surplus arising from the business of the co- dividends
operative in each fiscal year is made, the co-operative may,
(a) set aside reserve funds ;
{b) provide for the payment of dividends on the share
capital at a rate not to exceed 10 per cent per annum
1092
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 54 (b)
Distribution
of net
surplus
Idem
of the amount paid up thereon or of the par vahie
thereof, whichever is the lesser. 1973, c. 101, s. 54;
1978. c. 86, s. 11.
Surplus
55. — (1) Subject to subsection (4), the surplus arising from
the business of a co-operative, other than a direct charge co-
operative, in each fiscal year shall be allocated, credited or
paid to the members in proportion to the business done by
each member with or through the co-operative, computed
at a rate in relation to the quantity, quality or value of the
goods or products acquired, marketed, handled, dealt in or
sold or services rendered by the member or by the co-operative
from or on behalf of or to the member, or the co-operative
whether as principal or as agent of the member or otherwise,
with appropriate differences in the rate for different classes,
grades or qualities thereof.
(2) The co-operative may by by-law provide that part of
the surplus may be allocated, credited or paid to non-members
at the same or at lesser rates than to members.
return **^* (3) The amount that is allocated, credited or paid to members
or non-members in each fiscal year shall be known as the
patronage return.
Limitation
of patronage
return
Marketing
boards
Investment
of patronage
return
Notice
(4) The co-operative may by by-law provide that, where the
value of the goods or products acquired, marketed, handled,
dealt in or sold, or services rendered by the co-operative from
or on behalf of or to any member or non-member in any year
does not exceed $250, or such lesser amount as is specified in
the by-law, no patronage return shall be allocated, credited or
paid to such member or non-member.
(5) Where members of a co-operative are required by a
marketing plan established under an Act of the Legislature,
or of the Parliament of Canada, to sell or deliver products or
goods or render services to or for a marketing board, then
for the purposes of making a patronage return to the members
of the co-operative, the members shall be deemed to have
sold, delivered or rendered those goods, products or services
to the co-operative. 1973, c. 101, s. 55.
56. — (1) A co-operative may by by-law provide that in each
fiscal year the whole, or such part as the directors may by
resolution determine, of the patronage return of each member
shall be applied to the purchase for the member of a stated
number of unissued shares of the co-operative or a stated
number of issued shares of the co-operative, if obtainable.
(2) Where a co-operative has enacted a by-law under sub-
section (1) and the whole or part of the patronage return of a
Sec. 57 (2) CO-OPERATIVE CORPORATIONS Chap. 91 1093
member is required to be invested in issued shares, the
co-operative shall mail a written notice to each member stating
the number of shares to be purchased by him.
(3) Unless within thirty days from the date of mailing ofP^Yr?8^°^
the notice referred to in subsection (2), the member required ^hai^^of
to purchase issued shares has presented for transfer to himself
the number of shares that he is required to purchase, the
co-operative may on behalf of such member,
(a) purchase the required number of shares from
members who are willing to sell such shares ;
{b) pay out of the patronage return of such member
the purchase price;
(c) transfer such shares to the member ; and
(d) issue and forward to such member a certificate rep-
resenting such shares. 1973, c. 101, s. 56 (1-3).
(4) A co-operative may enact by-laws requiring its members bo^^^lng^^
to lend to it the whole, or such part as the directors may
determine, of the patronage returns to which they may be-
come entitled in each fiscal year upon such terms and at
such rate of interest as the directors, if authorized by by-law,
may by resolution determine, but in no case at a rate of
interest greater than 10 per cent per annum. 1973, c. 101,
s. 56 (4) ; 1978, c. 86, s. 12.
(5) No member shall be required under this section to pur- Mem
chase issued or unissued shares at a price in excess of the par
value thereof or issued shares when no such shares are available
for purchase.
(6) Where the co-operative is insolvent, no member shall wem
be required under this section to lend his patronage return
or to purchase shares of the co-operative.
(7) This section does not prevent a member from receiving m®™
so much of his patronage return as has not been appropriated
to loans to the co-operative in accordance with a resolution
of the board of directors or the by-laws. 1973, c. 101, s. 56
(5-7).
57. — (1) A co-operative may, when authorized by by-law, Sctffi
deduct a percentage amount from the moneys received by the ll_Q^j^^_iy^
co-operative on the goods, products or services marketed,
handled or dealt in by the co-operative for or on behalf of any
member. 1973, c. 101, s. 57 (1).
(2) An amount retained by a co-operative under subsection (1) m®™
shall be applied by the co-operative,
1094
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 57 (2) (a)
(a) as a loan on such terms and at such rate of interest
not exceeding 10 per cent per annum as the by-law
provides; or
{b) as an investment by the member in common shares
of the co-operative, but no member shall be required
to purchase such shares in the co-operative at a price
in excess of the par value thereof. 1973, c. 101,
s. 57 (2); 1978, c. 86, s. 13.
Power to
declare
dividends
Not to
exceed 10
per cent
Manner of
payment
Dividends
58. — (1) Subject to subsection (2) and the articles of the
co-operative, the directors may declare and the co-operative
may pay dividends on its issued shares. 1973, c. 101, s. 58 (1).
(2) A dividend shall not exceed 10 per cent per annum of
the par value of the share. 1973, c. 101, s. 58 (2); 1978,
c. 86, s. 14.
(3) A dividend may be paid in cash or in property not
exceeding in value the amount of the dividend.
When
dividend
not to be
declared
(4) The directors shall not declare and the co-operative
shall not pay any dividend when the co-operative is insolvent,
or any dividend the payment of which renders the co-operative
insolvent or that diminishes its capital. 1973, c. 101, s. 58
(3, 4).
stock
dividends
50. For the amount of any dividend that the directors may
declare payable in cash, they may declare a stock dividend and
issue therefor shares of the co-operative as fully paid. 1973,
c. 101, s. 59.
Membership
MEMBERS
Membership
60. — (1) Subject to the provisions of this Act and the
articles of the co-operative, membership therein is governed
by the by-laws of the co-operative.
mwmbershi ^^^ ^^^ articles of a co-operative may provide for more than
one class of membership and in that case shall set forth the
designation of and the terms and conditions attaching to each
class. 1973, c. 101, s. 60.
Incor-
porators
deemed
members
61. — (1) Each incorporator of a co-operative who has sub-
scribed for a common share in the co-operative or who has paid
a membership fee, if any, shall upon the effective date of
incorporation be entered upon the register of members.
Sec. 64 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1095
(2) No person shall become a member of a co-operative Applicants
until his application for membership has been approved by membership
the directors and the applicant has complied fully with the
by-laws governing admission of members.
(3) A subscription for common shares in a co-operative with Wem
share capital constituted an application for membership and
the allotment of a common share to the applicant constitutes
admission to membership.
(4) An application for authorization of the transfer of com- wem
mon shares in a co-operative with share capital constitutes an
application for membership and the passing of the resolution
authorizing the transfer constitutes admission to membership.
1973, c. 101, s. 61.
62. No transfer of a membership in a co-operative without Restrictions
... ' ' on transfer of
share capital is valid for any purpose whatever, memberships
(a) unless a written application for membership by the
transferee has been approved by a resolution of the
directors of the co-operative or by a person authorized
by such a resolution to approve such applications;
and
ib) until notification of the approval under clause (a) has
been sent the transferee and his name has been entered
on a register of members,
except only as evidence of the rights of the parties thereto
towards each other. 1973, c. 101, s. 62.
63. — (1) Subject to the by-laws of the co-operative, a ^lifiribieage
person of the full age of sixteen years or more may become a
member thereof.
(2) Any p)erson under the full age of eighteen years admitted ^jJni^'"*
to membership in the co-operative is competent to enter into
any contract with the co-operative, and with respect to
contracts with the co-operative is sui juris. 1973, c. 101, s. 63.
64. — (1) Subject to section 67, a member mav withdraw Notice of
- witodrfiwftl
from a co-operative by giving to the secretary of the co-
of)erative six months notice of his intention to withdraw.
(2) A deceased member shall be deemed to have given we™
notice to the co-operative on the day of his death of his
intention to withdraw.
(3) Subject to subsection (4), where notice of intention to^p^^y™^^
withdraw has been given to a co-operative under subsection (1), on with-
1096
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 64 (3)
Election by
member
Idem
Extension
of time for
repayment
or is deemed to have been given under subsection (2), the co-
operative shall, within six months of the receipt thereof,
(a) purchase for an amount equal to the par value
together with all dividends declared but unpaid or
for an amount that is less than par value and that is
agreed to by the co-operative and the member or his
personal representative, all shares in the co-operative
held by the member ; and
(b) pay to him or his personal representative all amounts
held to his credit, excluding term loans, together
with any interest accrued thereon and the amount
outstanding on loans made to the co-operative by the
member that are repayable on demand by the mem-
ber together with any interest accrued thereon. 1973,
c. 101, s. 64 (1-3).
(4) Notwithstanding subsection (3), a member who has given
notice under subsection (1) may elect in such notice to retain all or
some of his shares or loans in the co-operative, but such election
shall not entitle him to remain a member of the co-opera-
tive. 1978, c. 86, s. 15.
(5) Where an election is made under subsection (4), the person
may later withdraw some or all of his shares or loans from the
co-operative by giving notice to the co-operative in the manner
prescribed by subsection (1), and the co-operative shall, within six
months of the receipt thereof,
(a) purchase the shares at their par value or at a value
that is less than par value and that is agreed to by
the co-operative and such person ;
(6) pay to him the amounts held to his credit together
with any interest accrued thereon ; and
(c) pay to him the amount outstanding on loans repay-
able on demand together with any interest accrued
thereon,
that are referred to in the notice.
(6) Where, in the opinion of the directors of the co-operative,
payments in accordance with subsection (3) or (5) would not be in
the best interests of the co-operative, the directors may by resolu-
tion extend such payments over a period of not more than five
years and pay in each year not less than 20 per cent of the amount
to be repaid under subsection (3) or (5). 1973, c. 101, s. 64(5, 6).
Dealing by 65. — (1) Where a person is shown on the records of a
wTth^eraonai co-operative as holding a share as a personal representative,
tfves^^"*^* the receipt by such person is a valid and binding discharge to
the co-operative for any payment or other distribution made in
Sec. 66 (5) CO-OPERATIVE CORPORATIONS Chap. 91 1097
respect of the share whether notice of any trust has been
given to the co-operative or not, and the co-operative is not
bound to see to the appHcation of such payment or other
distribution.
(2) Where shares are purchased by a co-operative under sub- co-operative
section 32 (1) or subsection 64 (3) or section 66 or accepted under etc.
subsection 33 (1) and are not thereby cancelled, no person is
entitled to receive notice of or to vote at meetings of members or to
receive any payment in respect of the shares whether by way of
dividend or otherwise until such shares are resold. 1973, c. 101,
s. 65.
66. — (1) A member may be expelled from membership in Expulsion of
a co-operative by resolution passed by a majority of the
board of directors at a meeting duly called for the purpose
not later than thirty days before the date set for the
annual meeting of the co-operative.
(2) A resolution under subsection (1) is not valid unless, validity
(a) prior written notice is given to the member setting
forth the grounds upon which it is sought to expel
him;
(6) the notice is given the member ten days or more
before the date of the meeting of the board of
directors called to consider the resolution expelling
that member; and
(c) an opportunity is given the member to appear, either
personally or by an agent or counsel, to make sub-
missions at the meeting of the board of directors
called to consider the resolution expelling that
member.
(3) The secretary of the co-operative shall, within five days l^isi^n^
of the date of the meeting of the board of directors
referred to in subsection (1), notify the member of the decision of
the board by registered letter addressed to him at his latest known
address.
(4) Where a resolution expelling a member is passed under member*^
subsections (1) and (2), the member may appeal the decision of the
board of directors at the next annual or general meeting of mem-
bers and the members by majority vote may confirm, vary or set
aside the resolution.
(5) A member who wishes to appeal his expulsion to a i<*«™
meeting of members shall give notice of his intention to-
appeal within twenty-one days of receipt of the notice of
expulsion mentioned in subsection (3), and the directors shall, if
written representations are received seven or more days
before the mailing of the notice of the meeting, at the expense
of the co-operative, forward with the notice of the meeting a
1098
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 66 (5)
Effect of
expulsion
copy of such representations to each member entitled to
receive notice of the meeting.
(6) Where a member has been expelled, the co-operative
shall purchase from the member, within one year after his ex-
pulsion became final, at par value all his shares in the capital
of the co-operative together with all amounts held to his
credit together with any interest accrued thereon and the
amount outstanding on loans, made to the co-operative by the
member that are repayable on demand by the member together
with interest accrued thereon.
Whereabouts (7) If the whereabouts of a member is unknown to the co-
of mcrnbcr
unknown operative after all reasonable efforts have been made to
ascertain his address for the purpose of making payment to him
under subsection (6), amounts payable thereunder to him shall
be transferred to a reserve fund of the co-operative; and any
amounts so transferred shall, if claimed within thirty years
after being so transferred by a person who produces evidence
to the satisfaction of the directors of the co-operative that
he is entitled thereto, be paid over to such person and, after
the expiration of such thirty-year period, any amount so
transferred shall be forfeited to the co-operative and trans-
ferred out of the reserve fund to it. 1973, c. 101, s. 66.
Where
repayment
not to be
made
67. — (1) A co-operative shall not exercise its powers under
subsection 49 (3) or section 64 or 66,
(a) if the co-operative is insolvent or if the exercise
of its powers under that section would render the
co-operative insolvent ; or
(6) if such exercise of its powers would in the opinion of
the board of directors be detrimental to the financial
stability of the co-operative. 1973, c. 101, s. 67 (1);
1978, c. 86, s. 16 (1).
cancefiedor ^^^ Where the shares of a member are acquired under
resold section 64 or 66,
(a) if the articles so require, the shares shall be can-
celled and thereupon the authorized and issued
capital of the co-operative are thereby decreased,
and the articles are amended accordingly ;
(b) if the articles do not require the shares to be can-
celled,
(i) the board of directors may at the time of the
purchase cancel the shares, in which case the
authorized and issued capital of the co-
Sec. 68 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1099
operative are thereby decreased and the articles
are amended accordingly ; or
(ii) the board of directors may resell the shares
at such time as it determines for a consideration
equal to the product of the number of shares
i-esold multiplied by the par value thereof.
1973, c. 101, s. 67 (2); 1978, c. 86, s. 16 (2).
Member's Rights
68. — (1) Subject to subsection (2), a member of a co-operative action "^^
may maintain an action in a representative capacity for himself
and all other members of the co-operative suing for and on behalf
of the co-operative to enforce any right, duty or obligation owed to
the co-operative under this Act or under any other statute or rule
of law or equity that could be enforced by the co-operative itself,
or to obtain damages for any breach of any such right, duty or
obligation.
(2) An action under subsection (1) shall not be commenced Leave
until the member has obtained an order of the court permitting
the member to commence the action.
(3) A member may, upon at least seven days notice to the ^PP"5e"t°
co-operative, apply to the court for an order referred to in commence
subsection (2), and, if the court is satisfied that,
(a) the member was a member of the co-operative at the
time of the transaction or other event giving rise
to the cause of action ;
(b) the member has made reasonable efforts to cause
the co-operative to commence or prosecute diligently
the action on its own behalf ; and
(c) the member is acting in good faith and it is prima
facie in the interests of the co-operative or its mem-
bers that the action be commenced,
the court may make the order upon such terms as the court
thinks fit, except that the order shall not require the member
to give security for costs.
(4) At any time or from time to time while the action f^^^J^tMor
commenced under this section is pending, the plaintiff may j.°^^*'"
apply to the court for an order for the payment to the
plaintiff by the co-operative of reasonable interim costs in-
cluding solicitor's and counsel fees and disbursements, for
which interim costs the plaintiff shall be accountable to the
co-op)erative if the action is dismissed with costs on final
disposition at the trial or on appeal.
1100
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 68 (5)
Trial and
Judgment
Discontin-
uance and
settlement
Rights of
dissenting
members
R.S.O. 1980,
c. 54
Co-operative
bound to
purchase
shares
(5) An action commenced under this section shall be tried
by the court and its judgment or order in the cause, unless
the action is dismissed with costs, may include a provision
that the reasonable costs of the action are payable to the
plaintiff by the co-operative or other defendants taxed as
between a solicitor and his own client.
(6) An action commenced under this section shall not be
discontinued, settled or dismissed for want of prosecution
without the approval of the court and, if the court deter-
mines that the interests of the members may be substantially
affected by such discontinuance, settlement or dismissal, the
court, in its discretion, may direct that notice in manner, form
and content satisfactory to the court shall be given, at the
expense of the co-operative or any other party to the action
as the court directs to the members thereof whose interests
the court determines will be so affected. 1973, c. 101, s. 68.
60. — (1) If, at a meeting of members of a co-operative,
(a) a resolution passed by the directors authorizing the
sale, lease, exchange or other disposition of all or
substantially all the property of the co-operative is
confirmed with or without variation by the members ;
(b) a resolution approving an agreement for the amal-
gamation of the co-operative with one or more other
co-operatives is passed by the members ;
(c) a resolution passed by the directors approving the
conversion of the co-operative into a corporation to
which the Business Corporations Act applies is con-
firmed with or without variation by the members;
(d) a resolution passed by the directors approving the
conversion of the co-operative into one with or
without share capital is confirmed with or without
variation by the members; or
{e) a resolution passed by the directors under section 159
is confirmed with or without variation by the members,
any member who has voted against the confirmation of the
resolution may within ten days after the date of the meeting
give notice in writing to the co-operative requiring it to
purchase his shares or refund the amount outstanding on loans
made to the co-operative by the member together with any
interest accrued thereon.
(2) Within ninety days from,
(a) the date of the completion of the sale, lease, exchange
or other disposition ;
Sec. 70 (2) CO-OPERATIVE CORPORATIONS Chap. 91 1101
(6) the date set forth in the certificate of amendment or
amalgamation ; or
(c) the date of dehvery to the Minister of a request in
writing for his authorization under section 159,
the co-operative, or amalgamated co-operative, shall purchase
the shares of, or refund the amount outstanding on loans
made to the co-operative by, every member who has given
notice under subsection (1), and every such member shall sell or
deliver up his securities to the co-operative.
(3) The amount and terms of the purchase of a member's p^^****®
shares shall be at their par value or at a value that is less than
par value and that is agreed to by the co-operative and the
member together with all amounts held to his credit and
with interest accrued thereon.
(4) The amount and terms of the repayment of any loans Mem
made by the member to the co-operative shall be at the
full amount outstanding together with any interest accrued
thereon and unpaid.
(5) The co-operative shall not purchase any shares or repay saving
any member's loans under subsection (2) or (3) if it is insolvent or if
the purchase or repayment would render it insolvent.
(6) If the sale, lease, exchange or other disposition is not wem
completed, the certificate of amendment or amalgamation is
not issued, or the authorization of the Minister is not given,
the rights of the dissenting member under this section cease
and the co-operative shall not purchase the shares of the
member nor refund the amount outstanding on loans made
to the co-of)erative by the member under this section.
(7) Nothing in this section shall be construed to require awem
co-operative to repay a member's term loan before the date of
maturity. 1973, c. 101, s. 69.
70. — (1) Ten per cent of the members of a co-operative may ^^*f|^^°
requisition the directors to call a meeting of the directors for or resolution
the purpose of passing any by-law or resolution that may
properly be passed at a meeting of the directors duly called,
constituted and held for that purpose.
(2) The requisition shall set out the by-law or resolution, as fgq'jj^sj'tion
the case may be, that is required to be passed at the meeting
and shall be signed by the requisitionists and deposited at the
head office of the co-operative, and may consist of several
documents in like form, each signed by one or more
requisitionists.
1102
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 70 (3)
Meeting of
directors
(3) Upon deposit of the requisition, the directors shall forth-
with call a meeting of the directors for the purpose of passing
the by-law or resolution, as the case may be, set out in the
requisition.
Meeting of (4) Where the directors do not, within twentv-one days
from the date of the deposit of the requisition,
(a) call and hold such a meeting and pass such a by-law
or resolution ; and
(6) call a general meeting of the members for the purpose
of confirming the by-law or resolution if the resolution
requires confirmation at a general meeting ol the
members before it is effective,
any of the requisitionists may call a general meeting of the
members for the purpose of passing such a by-law or resolution,
and the meeting shall be held within sixty days from the date
of the deposit of the requisition.
Notice (5) A meeting of the members called under subsection (4)
shall be called as nearly as possible in the same manner as
meetings of members are called under the by-laws, but, if the
by-laws provide for more than twenty-one days notice of
meetings, twenty-one days notice is sufficient for the calling
of the meeting.
Validity of
by-law or
resolution
(6) Where a by-law or resolution is passed at a meeting of
the members called under subsection (4), either as set out in
the requisition or as varied at the meeting, it is as valid
and effective as if it had been passed at a meeting of the
directors duly called, constituted and held for that purpose and
confirmed at a meeting of the members duly called, con-
stituted and held for that purpose, and if the resolution or
by-law is passed by at least two-thirds of the votes cast at a
meeting of the members called under subsection (4), it shall be
conclusively deemed to be a special resolution or a by-law, as the
case may be, for the purposes of this Act.
Repayment
of expenses
(7) The co-operative shall,
{a) reimburse the requisitionists for any reasonable ex-
penses incurred by them by reason of the failure of
the directors to act in accordance with subsections
(3) and (4); and
(6) retain out of any moneys due or to become due, by way
of fees or other remuneration for their services, to such
Sec. 71 (4) (a) (ii) co-operative corporations Chap. 91 1103
of the directors as were in default, an amount equal to
the amount the requisitionists were reimbursed,
unless, at the meeting called under subsection (4), the members,
by a majority of the votes cast, reject the reimbursement of
the requisitionists.
(8) Where a by-law or resolution" in respect of which ^NeWj^j^.^^
meeting of directors is requisitioned under this section is not onaame
passed or confirmed at a meeting of the members, no requisition
for a meeting of directors in respect of a similar by-law or
resolution shall be made for a period of at least two years.
1973, c. 101, s. 70.
71, — (1) On the requisition in writing of 5 per cent of the Jf^^^re'
members of the co-operative, the directors shall, resolutions,
(a) give to the members entitled to notice of the next
meeting of members notice of any resolution that may
properly be moved and is intended to be moved at
that meeting; or
(b) circulate to the members entitled to vote at the next
meeting of members a statement of not more than
1,000 words with respect to the matter referred to
in any proposed resolution or with respect to the
business to be dealt with at that meeting.
(2) The notice or statement or both, as the case may be. Notice
shall be given or circulated by sending a copy thereof to each
member entitled thereto in the same manner and at the same
time as that prescribed by this Act, the articles or the by-laws,
for the sending of notice of meetings of members.
(3) Where it is not practicable to send the notice or state- "«"»
ment or both at the same time as the notice of the meeting is
sent, the notice or statement or both shall be sent as soon
as practicable thereafter.
(4) The directors are not bound under this section to give ^^|\tion.
notice of any resolution or to circulate any statement unless, etc.
(a) the requisition, signed by the requisitionists, is
deposited at the head office of the co-operative,
(i) in the case of a requisition requiring notice
of a resolution to be given, not less than
twenty-one days before the meeting,
(ii) in the case of a requisition requiring a state-
ment to be circulated, not less than fourteen
days before the meeting ; and
1104
Chap. 91
CO-OPERATIVE CORPORATIONS Sec. 71 (4) (b)
Where
directors not
bound to
circulate
statement
Where no
liability
(b) there is deposited with the requisition a sum reason-
ably sufficient to meet the expenses of the co-operative
in giving effect thereto.
(5) The directors are not bound under this section to
circulate any statement if, on the application of the co-
operative or any other person who claims to be aggrieved,
the court is satisfied that the rights conferred by this section
are being abused to secure needless publicity for defamatory
matter, and on any such application the court may order the
costs of the co-operative to be paid in whole or in part by the
requisitionists notwithstanding that they are not parties to the
application.
(6) No co-operative or a director, officer or employee thereof
or person acting on its behalf, except a requisitionist, is
liable in damages or otherwise by reason only of the giving
of a notice or the circulation of a statement, or both, in com-
pliance with this section.
d"a'i^with (^) Notwithstanding anything in the by-laws of the co-
requisitioned operative, where the requisitionists have complied with this
section, the resolution, if any, mentioned in the requisition
shall be dealt with at the meeting to which the requisition
relates.
Repayment (g) xhc co-operatlvc shall pay to the requisitionists the sum
of expenses ' *^ //ii , • i-ii
deposited under clause (4) (o) unless at the meeting to which the
requisition relates the members by a majority of the votes cast
reject the repayment to the requisitionists. 1973, c. 101, s. 71.
Liability
on decrease
of issued
capital
Liabilities of Members
72. — (1) Where the issued loan or share capital of a co-
operative is decreased by an amendment to the articles, each
person who was a member on the effective date of the amend-
ment is individually liable to the creditors of the co-operative
for the debts due on that date to an amount not exceeding
the amount of the repayment to him.
liimitation
of liability
(2) A person is not liable under subsection (1) unless,
{a) the co-operative has been sued for the debt within
six months after the effective date of the amendment
and execution has been returned unsatisfied in whole
or in part; and
(6) he is sued for the debt in a court of competent
jurisdiction within two years from the effective date
of the amendment.
Sec. 75 (1) (a) co-operative corporations Chap. 91 1105
(3) After execution has been so returned, the amount due i**®"™
on the execution, not exceeding the amount of the repayment
to the person, is the amount recoverable against such person.
(4) Where it is made to appear that there are numerous class
members who may be Hable under this section, the court
of competent jurisdiction may permit an action to be brought
against one or more of them as representatives of the class
and, if the plaintiff establishes his claim as creditor, may make
an order of reference and add as parties in the referee's
office all such members as may be found, and the referee shall
determine the amount that each should contribute towards
the plaintiff's claim and may direct payment of the sum so
determined.
(5) No person holding shares or loans in the capacity of a glfj^j^r *°
personal representative and registered on the records of the capacity
co-operative as a member and therein described as representing
in such capacity a named estate, person or trust is personally
liable under this section, but the estate, person or trust is
subject to all liabilities imposed by this section. 1973, c. 101,
s. 72.
73. A member of a co-operative as such is not answerable ^®J?*?®'"'^
or responsible for any act, default, obligation or liability of the limited
co-operative or for any engagement, claim, payment, loss,
injury, transaction, matter or thing relating to or connected
with the co-operative. 1973, c. 101, s. 73.
Meetings of Members
74. — (1) Subject to subsections (2) and (3), the meetings of the ^^eet®^
members shall be held at the place where the head office of the
co-operative is located.
(2) Where the by-laws of the co-operative so provide, the Exception
meetings of the members may be held at any place within
Ontario.
(3) Where the articles of the co-operative so provide, the ^^^^
meetings of the members may be held at one or more places
outside Ontario specified therein. 1973, c. 101, s. 74.
75. — (1) Subject to subsection (2) and in the absence of other Members'
provisions in that behalf in the articles or by-laws of the co-opera-
tive,
(a) notice of the time and place for holding a meeting
of the members shall be given to each person who is
entitled to notice of meetings and who on the record
date for notice appears on the records of the co-
1106 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 75 (1) (a)
operative as a member by sending the notice by pre-
paid mail to his latest address as shown on the
records of the co-operative ten days or more
before the date of the meeting but in no case more
than fifty days before the date of the meeting;
{b) all questions proposed for the consideration of the
members at a meeting of members shall be deter-
mined by the majority of the votes cast, and the
chairman presiding at the meeting has a second or cast-
ing vote in case of an equality of votes ;
(c) the chairman presiding at a meeting of members
may, with the consent of the meeting and subject
to such conditions as the meeting decides, adjourn
the meeting from time to time and from place to
place ;
(d) the president or, in his absence, a vice-president who
is a director shall preside as chairman at a meeting
of members, but, if there is no president or such a
vice-president or if at a meeting neither of them is
present within fifteen minutes after the time ap-
pointed for the holding of the meeting, the members
present shall choose a person from their number to be
the chairman;
{e) unless a poll is demanded, an entry in the minutes
of a meeting of members to the effect that the chair-
man declared a motion to be carried is admissible
in evidence as prima facie proof of the fact without
proof of the number or proportion of votes recorded
in favour of or against the motion.
Notice (2) The articles or by-laws of the co-operative shall not
provide for fewer than ten days notice for meetings of
members and in no case shall notice be given fifty days before
the date of the meeting and the articles or by-laws shall not
provide that notice may be given otherwise than individually.
^°" (3) If a poll is demanded, it shall be taken in such manner
as the by-laws prescribe, and, if the by-laws make no provision
therefor, then as the chairman directs. 1973, c. 101, s. 75.
Voting 'jQ^ — (1) A member of a co-operative has only one vote.
prohibfted ^^^ Subject to subsection (3), no member of a co-operative shall
vote by proxy.
co°iT^atfon (^) ^ Corporate member may appoint under its corporate
seal one of its directors or officers to attend and vote on its
Sec. 79 (6) (6) CO-OPERATIVE CORPORATIONS Chap. 91 1107
behalf at meetings of members and such director or officer
has only one vote. 1973, c. 101, s. 76.
77. A co-operative shall hold an annual meeting of its ^°°°*' ^
members not later than eighteen months after its incorporation
and subsequently not more than fifteen months after the hold-
ing of the last preceding annual meeting and at such meeting
any member shall have an opportunity to raise any matter
relevant to the affairs and business of the co-operative. 1973,
c. 101, s. 77.
78. The directors may at any time call a general meeting ^®°^[J'g
of the members for the transaction of any business, the
general nature of which is specified in the notice calling the
meeting. 1973, c. 101, s. 78.
79. — ( 1 ) Five per cent of the members of a co-operative may ^^g"^"ere"
requisition the directors to call a general meeting of the mem- meeting
bers for any purpose that is connected with the affairs of the
co-operative and that is not inconsistent with this Act.
(2) The requisition shall state the general nature of the i^'iisitton
business to be presented at the meeting and shall be signed
by the requisitionists and deposited at the head office of the
co-operative and may consist of several documents in like
form, each signed by one or more requisitionists.
(3) Upon deposit of the requisition, the directors shall ^^gyt°'j.g
forthwith call a general meeting of the members for the to can
/•It • , , 1 ..1 • -i- meeting
transaction of the business stated m the requisition.
(4) If the directors do not within thirty days from the ^Jjlftfo^ig^g
date of the deposit of the requisition call and hold the meeting, may can
any of the requisitionists may call the meeting, which shall ""** ^^^
be held within sixty days from the date of the deposit of the
requisition.
(5) A meeting called under this section shall be called as Si*eeti?g°^
nearly as possible in the same manner as meetings of members
are called under the by-laws, but, if the by-laws provide for
more than twenty-one days notice of meetings, twenty-one
days notice is sufficient for the calling of the meeting.
(6) The co-operative shall. g?i?^^'
(a) reimburse the requisitionists for any reasonable ex-
penses incurred by them by reason of the action
taken by them under subsection (4); and
(6) retain out of any moneys due or to become due, by
way of fees or other remuneration for their services,
1108
Chap. 91
CO-OPERATIVE CORPORATIONS ScC. 79 (6) (b)
Requisition
by court
order
Court may
direct
method of
holding
meetings
Record
dates
to such of the directors as were in default, an amount
equal to the amount the requisitionists were reim-
bursed,
unless, at the meeting, the members by a majority of the
votes cast reject the reimbursement of the requisitionists.
1973, c. 101. s. 79.
80. Notwithstanding section 79, upon application by a
member of a co-operative, the court, if satisfied that the
application is made in good faith and that it is prima facie
in the interests of the co-operative or its members that the
meeting be held on requisition, may make an order, upon
such terms as to security for the costs of holding the meeting
or otherwise as to the court seem fit, requiring the directors
to call a general meeting of the members for any purpose
that is connected with the affairs of the co-operative and that
is not inconsistent with this Act. 1973, c. 101, s. 80.
81. If for any reason it is impracticable to call a meeting
of members of a co-operative in any manner in which
meetings of members may be called or to conduct the
meeting in the manner prescribed by this Act, the articles or
by-laws, the court may, on the application of a director or a
member who would be entitled to vote at the meeting,
order a meeting to be called, held and conducted in such
manner as the court thinks fit, and any meeting called, held
and conducted in accordance with the order shall for all
purposes be deemed to be a meeting of members of the
co-operative duly called, held and conducted. 1973, c. 101,
s. 81.
82. The by-laws may provide for the fixing in advance
of a date as the record date,
(a) for the determination of the members entitled to
notice of meetings of the members, which record date
for notice shall not be more than fifty days before
the date of the meeting and not fewer than the
minimum number of days for notice of the meeting
and where no such record date for notice is fixed,
the record date for notice shall be at the close of
business on the day next preceding the day on which
notice is given or sent ; and
(6) for the determination of the members entitled to vote
at meetings of the members which record date for
voting shall not be more than two days, excluding
Saturdays and holidays, before the date of the
meeting and where no such record date for voting is
fixed, the record date for voting shall be the time of
the taking of the vote. 1973, c. 101, s. 82.
Sec. 88 (1) CO-OPERATIVE CORPORATIONS Chap. 91 1109
83. Where a person holds shares or a member loan as a Personal
personal representative of a member, the personal representa- Mnutive
tive is entitled to vote at all meetings of members. 1978, ™ay vote
c. 86, s. 17.
84. Where two or more persons hold the same share or J^noide™
shares jointly, any one of such persons present at a meeting
of members has the right in the absence of the other or
others to vote, but, if more than one of such persons are
present and vote, they shall vote together as one on the share
or shares jointly held by them. 1973, c. 101, s. 84.
DIRECTORS AND OFFICERS
Directors
85. — (1) Every co-operative shall have a board of directors Jg^g®^
however designated.
(2) The board of directors shall consist of a fixed number composition
of directors, not fewer than five.
(3) A majority of directors on the board of directors of every m«™
co-operative shaD be resident Canadians. 1973, c. 101, s. 85.
86. — (1) Each of the persons named as first directors in Jf^tors
the articles of a co-operative is a director of the co-operative
until replaced by a person duly elected or appointed in his
stead.
(2) The first directors of a co-operative have all the powers i<*«™
and duties and are subject to all the liabilities of directors.
1973. c. 101. s. 86.
87. No person shall be a director of a co-operative unless ^^*^"
he is a member thereof or a director, officer, shareholder or members
member of a corporate member thereof, and, where a director
or a corporation of which he is an officer, director, shareholder
or member ceases to be a member, he thereupon ceases to be a
director. 1973, c. 101, s. 87.
88. — (1) A co-operative may by by-law increase or, sub- ^^^r^of
ject to subsection 85 (2), decrease the number of its directors as set directors
out in its articles.
1110
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 88 (2)
Filing of
by-law
(2) A co-operative shall file with the Minister a certified copy of
the by-law within ten days after the by-law has been confirmed by
the members.
Validity (3) Failure to comply with subsection (2) does not affect the
validity of the by-law. 1973, c. 101, s. 88.
directors ®®* — ^^^ ^° person under eighteen years of age shall be a
director of a co-operative.
Qualifications (2) No Undischarged bankrupt or mentally incompetent
person shall be a director, and, if a director becomes a
bankrupt or a mentally incompetent person, he thereupon
ceases to be a director.
Consent
(3) A person who is elected or appointed a director is not a
director unless,
(a) he was present at the meeting when he was
elected or appointed and did not refuse at the meeting
to act as director ;
(b) where he was not present at the meeting when he
was elected or appointed, he consented to act as
director in writing before his election or appointment
or within ten days thereafter.
Idem
(4) For the purposes of subsection (3), a person who is elected or
appointed as director and refuses under clause (3) (a) or fails to
consent under clause (3) (b) shall be deemed not to have been
elected or appointed as a director. 1973, c. 101, s. 89.
mrectors°^ 90. — (1) The directors shall be elected by the members
in general meeting, and the election shall be by ballot in the
manner prescribed by section 91.
Idem
(2) The election of directors shall take place yearly or at
such other interval not exceeding five years as is provided
by the articles and all the directors then in ofiice shall
retire, but are eligible for re-election.
Continuance
In office
(3) If an election of directors is not held within the pre-
scribed period, the directors continue in ofiice until their
successors are elected.
Sec. 94 (3) CO-OPERATTVE CORPORATIONS Chap. 91 1111
(4) The articles or by-laws may provide for the election and Rotation
retirement of directors in rotation, but in that case no director
shall be elected for a term of more than five years and at
least two directors shall retire from office in each year.
(5) It shall not be necessary for all directors to hold office ^'*®™
for the same term. 1973, c. 101, s. 90.
91. Every member entitled to vote at an election oiJ°^^^^^'
directors, if he votes, shall cast thereat a number of votes
equal to the number of directors to be elected, and the
member shall distribute the votes among the candidates in
such manner as he sees fit, but no candidate shall receive
more than one vote from each member. 1973, c. 101, s. 91.
92. — (1) Subject to subsection (2), where a vacancy occurs ^**^°*'*"
in the board, and a quorum of directors remains, the directors
remaining in office may app>oint a qualified p)erson to fill the
vacancy for the remainder of the term, but the articles may
provide that such vacancy may only be filled by election at a
general meeting of the members duly called for that purpose.
(2) Where the number of directors is increased, the vacancies i<*«°»
resulting from such increase shall only be filled by election at a
general meeting of the members duly called for that purpose.
(3) When there is not a quorum of directors in office, the Jjjf^o^m*
director or directors then in office shall forthwith call a
general meeting of the members to fill the vacancies, and, in
default or if there are no directors then in office, the meeting
may be called by any member. 1973, c. 101, s. 92.
93. Unless the articles or by-laws otherwise provide, aSoorumof
,,,,,,. -^ ^ ' directors
majonty of the board of directors constitutes a quorum, but
in no case shall a quorum be less than two-fifths of the board
of directors. 1973, c. 101, s. 93.
94. — (1) Subject to subsection (2), the meetings of the board ^^i^
of directors and the executive committee shall be held at
the place where the head office of the co-operative is located.
(2) Where the by-laws of the co-operative so provide, the Exoepuon
meetings of the board of directors and of the executive com-
mittee may be held at any place within or outside Ontario,
but in any financial year of the co-operative a majority of the
meetings of the board of directors and a majority of the
meetings of the executive committee shall be held at a place
within Canada.
(3) Subject to the by-laws of the co-operative, where all ^i^p^^e^^
the directors have consented thereto, any director may par-
I
1112
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 94 (3)
Place of
meetings by
telephone
Calling
meetings of
directors
Notice
Duties
Conduct of
business
Idem
Executive
committee
Quorum
ticipate in a meeting of the board of directors or of the
executive committee by means of conference, telephone or
other communications equipment by means of which all
persons participating in the meeting can hear each other, and a
director participating in a meeting pursuant to this subsection
shall be deemed for the purposes of this Act to be present
in person at that meeting.
(4) If a majority of the directors participating in a meeting
held pursuant to subsection (3) are then in Canada, the meeting
shall be deemed to have been held in Canada. 1973, c. 101,
s. 94.
05. — (1) In addition to any other provision in the articles
or by-laws of a co-operative for calling meetings of directors,
a quorum of the directors may, at any time, call a meeting of
the directors for the transaction of any business the general
nature of which is specified in the notice calling the meeting.
(2) In the absence of any other provision in that behalf in
the by-laws of the co-operative, notice of the time and place
for the holding of the meeting called under subsection (1)
shall be given to every director of the co-operative by sending
the notice by prepaid mail ten days or more before the date
of the meeting to his latest address as shown on the records
of the co-operative. 1973, c. 101, s. 95.
96. — (1) The board of directors shall manage or supervise
the management of the affairs and business of the co-operative.
(2) Subject to section 97, no business of a co-operative shall
be transacted by its board of directors except at a meeting of
directors at which a quorum of the board is present and at
which a majority of the directors present are resident
Canadians.
(3) Where there is a vacancy or vacancies in the board of
directors, the remaining directors may exercise all the powers
of the board so long as a quorum of the board remains in
office. 1973, c. 101, s. 96.
97. — (1) Where the number of directors of a co-operative is
more than six, and if authorized by a by-law, the directors may
elect from among their number an executive committee con-
sisting of not fewer than three of whom a majority shall be
resident Canadians and may delegate to the executive com-
mittee any powers of the board of directors, subject to the
restrictions, if any, contained in the by-law or imposed from
time to time by the directors.
(2) An executive committee may fix its quorum, which shall
be not less than a majority of its members.
Sec. 98 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1113
(3) No business shall be transacted by an executive com- conduct of
r . f . . ■' ... business
mittee except at a meeting of its members at which a quorum
of the executive committee is present and at which a majority
of the members present are resident Canadians. 1973, c. 101,
s. 97.
08. — (1) Every director of a co-operative who has, directly ^rectoreo?^
or indirectly, any interest in any contract or transaction to interests in
J ' J J contracts
which the co-operative or a subsidiary thereof is or is to be a
party, other than a contract or transaction in which his interest
is limited solely to his remuneration as a director, officer or
employee, shall declare his interest in such contract or trans-
action at a meeting of the directors of the co-operative and shall
at that time disclose the nature and extent of such interest
including, as to any contract or transaction involving the
purchase or sale of property by or to the co-operative or a sub-
sidiary thereof, the cost of the property to the purchaser and
the cost thereof to the seller, if acquired by the seller within five
years before the date of the contract or transaction, to the
extent to which such interest or information is within his
knowledge or control, and shall not vote and shall not in respect
of such contract or transaction be counted in the quorum.
(2) Subsection (1) does not require the disclosure of any i^'j®^'
interest in any contract or transaction unless, material
(fl) the interest and the contract or transaction are both
material ; or
(6) the subject of the contract or transaction is of a type
not available to all members of the co-operative.
(3) The declaration required by this section shall be "lade ^^®^j..^^
at the meeting of the directors at which the proposed contract of int^^st
or transaction is first considered, or if the director is not at the
date of the meeting interested in the proposed contract or trans-
action, at the next meeting of the directors held after he
becomes so interested, or if the director becomes interested in a
contract or transaction after it is entered into, at the first
meeting of the directors held after he becomes so interested, or
if a contract or a proposed contract or transaction is one that
in the ordinary course of the co-operative's business, would not
require approval by the directors or shareholders, at the first
meeting of the directors held after the director becomes aware
of it.
(4) If a director has made a declaration and disclosure ^^^^jo^
of his interest in a contract or transaction in compliance
with this section and has not voted in respect of the contract
or transaction at the meeting of the directors of the co-
operative, the director, if he was acting honestly and in good
1114
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 98 (4)
faith at the time the contract or transaction was entered
into, is not by reason only of his holding the office of director
accountable to the co-operative or to its members for any
profit or gain realized from the contract or transaction,
and the contract or transaction, if it was in the best interests
of the co-operative at the time the contract or transaction
was entered into, is not voidable by reason only of the
director's interest therein.
b°niember8" ^^^ Notwithstanding anything in this section, a director,
if he was acting honestly and in good faith, is not accountable
to the co-operative or to its members for any profit or gain
realized from any such contract or transaction by reason only
of his holding the office of director, and the contract or trans-
action, if it was in the best interests of the co-operative at the
time it was entered into, is not by reason only of the director's
interest therein voidable,
{a) if the contract or transaction is confirmed or ap-
proved by at least two-thirds of the votes cast at a
general meeting of the members duly called for that
purpose ; and
(b) if the nature and extent of the director's interest
in the contract or transaction are declared and dis-
closed in reasonable detail in the notice calling the
meeting.
General
notice of
interest
(6) For the purposes of this section, a general notice to
the directors by a director declaring that he is a director
or officer of or has a material interest in a person that is a
party to a contract or proposed contract with the co-operative
is a sufficient declaration of interest in relation to any contract
so made. 1973, c. 101, s. 98.
Liability of
directors re
purchase of
shares
99. — (1) Where a co-operative acquires any of its shares or
repays any of its loans in contravention of this Act or the
articles, the directors who voted in favour of or consented to the
resolution authorizing the acquisition or repayment are jointly
and severally liable to the co-operative to the extent of the
amount paid out.
Application
to court
(2) Where a co-operative acquires any of its shares or
repays any of its loans in contravention of this Act or the
articles,
'{a) any member of the co-operative ; or
(b) where the acquisition or repayment is in contravention
of subsection 32 (2), subsection 67 (1) or section 69, any
J Sec. 101 (1) (g) CO-OPERATIVE CORPORATIONS Chap. 91 1115
creditor of the co-operative who was a creditor at the
time of the acquisition or repayment,
may apply to the court within two years of the acquisition
or repayment and the court may, if it considers it to be just and
equitable under the circumstances, make an order making
any member whose shares were acquired liable to the co-
operative jointly and severally with the directors, to the
extent of the amount paid to him. 1973, c. 101, s. 99.
lOO. Where any dividend is declared and paid in contra- Liawuty^^
vention of section 58, re dlvldendB
(a) the directors who voted in favour of or consented to
the resolution authorizing the declaration of the
dividend are jointly and severally liable to the
co-operative to the extent of the amount of the
dividend so declared and paid or such part thereof
as renders the co-operative insolvent or diminishes
its capital ; and
(6) any member of the co-operative or any creditor
of the co-operative who was a creditor at the time of
the declaration of the dividend may apply to the
court within two years of the declaration, and the
court may, if it considers it to be just and equitable
under the circumstances, make an order making any
member to whom the dividend is paid jointly and
severally liable with the directors to the extent of
the amount of the dividend paid to him. 1973, c. 101 ,
s. 100.
101. — (1) A director who was present at a meeting of the^o^entof
board of directors or an executive committee thereof when, meeting
(a) the redemption or purchase of shares of the co-
operative is authorizeid;
(b) the declaration and payment of a dividend is author-
ized; or .
(c) the repayment of loans to members is authorized,
shall be deemed to have consented thereto unless.
(d) his dissent is entered in the minutes of the meeting ;
(e) he files his written dissent with the person acting as
secretary of the meeting before its adjournment; or
1116
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 101 (1) (/)
(/) he delivers or sends his dissent by registered mail
to the co-operative immediately after the adjourn-
ment of the meeting,
and within seven days after complying with clause (d), (e) or (/) he
sends a copy of his dissent by registered mail to the Minister.
Idem (2) A director who voted in favour of a matter referred to in
subsection (1) is not entitled to dissent under subsection (1).
Consent of
director
not at
meeting
Exception to
liability
Liability not
excluded
Liability of
directors for
wages
R.S.O. 1980,
cc. 2S7, 137
(3) A director who was not present at a meeting of the
board of directors or any executive committee thereof when,
{a) the redemption or purchase of shares of the co-
operative is authorized;
{b) the declaration and payment of a dividend is author-
ized; or
(c) the repayment of loans to members is authorized,
shall be deemed to have consented thereto unless,
{d) he delivers or sends to the co-operative by registered
mail his dissent ; or
{e) he causes his dissent to be filed with the minutes of
the meeting,
within seven days after he becomes aware of the authorization
referred to in clause (a), (b) or (c) and unless, within seven days
after complying with clause (d) or (e), he sends a copy of his dissent
by registered mail to the Minister. 1973, c. 101, s. 101.
102. — (1) A director is not liable under section 99 or 100
if, in the circumstances, he discharged his duty to the co-
operative in accordance with section 108.
(2) The liability imposed by this Act upon a director is in
addition to any other liability that is by law imposed upon
him. 1973, c. 101, s. 102.
1 03. — (1) The directors of a co-operative are jointly and sev-
erally liable to the employees of the co-operative to whom the
Master and Servant Act applies for all debts that become due
while they are directors for services performed for the co-opera-
tive, not exceeding six months wages, and for the vacation pay
accrued for not more than twelve months under the Employment
Standards Act and the regulations thereunder or under any col-
lective agreement made by the co-operative.
I
Sec. 105 (2) (o) CO-OPERATIVE CORPORATIONS Chap. 91 1117
(2) A director is liable under subsection (1), ,¥^,^*^°°°'
^ ' " liability
(a) only if,
(i) the co-operative has been sued for the debt
within six months after it has become due
and execution against the co-operative has
been returned unsatisfied in whole or in part,
or
(ii) the co-operative has within that f)eriod gone
into liquidation or has been ordered to be
wound up or has made an authorized assign-
ment under the Bankruptcy Act (Canada), or J|;C. i970.
a receiving order under the Bankruptcy Act
(Canada) has been made against it and, in any
such case, the claim for the debt has been
proved; and
(6) he is sued for the debt while he is a director or
within two years after he ceases to be a director.
(3) After execution has been so returned against the co- ^<*«°»
operative, the amount recoverable against the director is the
amount remaining unsatisfied on the execution.
(4) If the claim for the debt has been proved in liquidation ^^^°^
or winding-up proceedings or under the Bankruptcy /Ic^whopays
(Canada), a director who pays the debt is entitled to any
preference that the creditor paid would have been entitled to
or, if a judgment has been recovered for the debt, the director
is entitled to an assignment of the judgment. 1973, c. 101,
s. 103.
104. The members may, by resolution passed by a majority |i^°o5i°^
of the votes cast at a general meeting duly called for that
purpose, remove any director before the expiration of his
term of office and may, by a majority of the votes Ceist at
the meeting, elect any qualified person in his stead for the re-
mainder of his term. 1978, c. 86, s. 18.
Officers
105. — (1) A co-operative shall have a president and a secre- officers
tary and such other officers as are provided for by by-law or
by resolution of the directors.
(2) In the absence of other provisions in that behalf in the f^®^"^^^*"*^
articles or by-laws, the directors,
(a) shall elect the president from among themselves;
1118
Chap. 91
CO-OPERATIVE CORPORATIONS Sec. 105 (2) (b)
(6) shall appoint or elect the secretary ; and
(c) may appoint or elect one or more vice-presidents or
other officers. 1973, c. 101, s. 105.
Chairman
of the board
106. A co-operative may by by-law,
(a) provide for the election or appointment by the
directors from among themselves of a chairman of
the board;
(6) define the duties of the chairman ;
(c) assign to the chairman all or any of the duties of the
president or of any other officer of the co-operative,
and, if the by-law assigns to the chairman any of the duties
of the president, it shall also fix and prescribe the duties of
the president. 1973, c. 101, s. 106.
gualiflca-
onsof
chairman
and president
107. Unless the articles or by-laws otherwise provide, no
person shall be the president of a co-operative unless he is a
director of the co-operative, but no other officer except the
chairman of the board need be a director. 1973, c. 101, s. 107.
General
standard of 108. Every director and officer of a co-operative shall
care of -^ •
directors and exercise the powers and discharge the duties of his office honest-
officers
ly, in good faith and in the best interests of the co-operative,
and in connection therewith shall exercise the degree of care,
diligence and skill that a reasonably prudent person would
exercise in comparable circumstances. 1973, c. 101, s. 108.
Validity of 109. An act done by a director or by an officer is not
ftCLS OI
directors and invalid by reason only of any defect that is thereafter dis-
*'®" covered in his appointment, election or qualification. 1973,
c. 101, s. 109.
Indemnifica-
tion of
directors and
officers
110. — (1) Subject to subsection (2), the by-laws of a co-
operative may provide that every director and officer of the
co-operative and his heirs, executors, administrators and other
legal personal representatives may from time to time be in-
demnified and saved harmless by the co-operative from and
against,
{a) any liability and all costs, charges and expenses that
he sustains or incurs in respect of any action, suit or
proceeding that is proposed or commenced against him
for or in respect of anything done or permitted by
him in respect of the execution of the duties of his
office; and
Sec. Ill (3) (a) co-operative corporations Chap. 91 1119
(6) all other costs, charges and expenses that he sustains
or incurs in respect of the affairs of the co-operative.
(2) No director or officer of a co-operative shall be indem-i<*«™
nified by the co-operative in respect of any liability, costs,
charges or expenses that he sustains or incurs in or about any
action, suit or other proceeding as a result of which he is
adjudged to be in breach of any duty or responsibility imposed
upon him under this Act or under any other statute unless,
in an action brought against him in his capacity as director or
officer, he has achieved complete or substantial success as a
defendant.
(3) A co-operative may purchase and maintain insurance ^°®'^^°*^
for the benefit of a director or officer thereof, except insurance
against a liability, cost, charge or expense of the director or
officer incurred as a result of a contravention of section 108.
1973. c. 101, s. 110.
INSIDERS
111. — (1) Every insider of a co-operative or associate or [^**^*gi|^y °'
affiliate of such insider who, in connection with a transaction
relating to the securities of the co-operative, makes use of any
specific confidential information for his own benefit or advantage
that, if generally known, might reasonably be expected to affect
materially the value of such securities, is liable to compensate
any person for any direct loss suffered by such person as a result
of the transaction, unless the information was known or ought
reasonably to have been known to such person at the time of
the transaction, and is also accountable to the co-operative for
any direct benefit or advantage received or receivable by such
insider, associate or affiliate, as the case may be, as a result
of the transaction.
(2) An action to enforce any right created by subsection (l)[;^rii^"°°
may be commenced only within two years after the date of
completion of the transaction that gave rise to the cause of
action.
(3) In this section, utf^'"*"
(a) "associate", where used to indicate a relationship
with any person, means,
(i) any corporation of which such person bene-
ficially owns, directly or indirectly, equity
shares carrying more than 10 per cent of the
voting rights attached to all equity shares of
the corporation for the time being outstanding,
1120 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. ill (3) (a) (ii)
(ii) any partner of that jjerson acting by or for
the partnership of which they are both
partners,
(iii) any trust or estate in which such person has a
substantial beneficial interest or as to which
such person serves as trustee or in a similar
capacity,
(iv) any spouse, son or daughter of that person, or
(v) any relative of such person or of his spouse,
other than a relative referred to in subclause
(iv), who has the same home as such person;
(6) "insider" or "insider of a co-operative" means any
director or senior officer of a co-operative.
^*^®™ (4) For the purposes of this section, one corporation shall be
deemed to be affiliated with another corporation if, but only
if, one of them is the subsidiary of the other. 1973, c. 101, s. 111.
Order to 112. — (1) Upon application by any person who was at the
commence ' ^ ^\, ,
action time of a transaction referred to in subsection 111 (1) oris at the
time of the application an owner of securities of the co-operative,
the court may, if satisfied that,
(a) such person has reasonable grounds for believing that
the co-operative has a cause of action under section
111; and
{b) either,
(i) the co-operative has refused or failed to com-
mence an action under section 111 within
sixty da}^ after receipt of a written request
from such person so to do, or
(ii) the co-operative has failed to prosecute dili-
gently an action commenced by it under
section 111,
make an order, upon such terms as to security for costs and
otherwise as to the court seems fit, requiring the Minister to
commence or continue an action in the name of and on behalf
of the co-operative to enforce the liability created by section
111.
Sec. 114 Hi CO-OPERATIVE CORPORATIONS Chap. 91 1121
(2) The applicant under subsection (1) shall give to the co- Notice
op)erative and the Minister notice of his amplication, and the
co-operative and the Minister have the right to appear and be
heard thereon.
(3) Every order made under subsection (1) shall provide that ^®^^te
the co-operative shall co-operate fully with the Minister in
the institution and prosecution of the action and shall make
available to the Minister all records, documents and other
material or information known to the co-operative or reason-
ably ascertainable by the co-operative relevant to the action.
1973, c. 101, s. 112.
RECORDS
113. — (1) Where this Act requires a record to be kept by a^^^^o^dB
co-operative, it may be kept in a bound or looseleaf book, or
by means of a mechanical, electronic or other device.
(2) Where a record is not kept in a bound book, the co-W^^^'«>t
of)erative shall, ^°^
(a) take adequate precautions, appropriate to the means
used, for guarding against the risk of falsifying the
information recorded; and
{b) provide means for making the information available
in an accurate and intelligible form within a reason-
able time to any person lawfully entitled to examine
the record.
(3) The bound or looseleaf book or, where the record is ^^1^'^^'
not kept in a bound or looseleaf book, the information in the records in
form in which it is made available under clause (2) (b) is admissible
in evidence asprima facie proof, before and after dissolution of the
co-operative, of all facts stated therein.
(4) No person shall remove, withhold or destrov information fa^se
required by this Act or the regulations to be recorded, or,
(a) record or assist in recording any information in a
record; or
(b) make information purporting to be accurate available in
a form referred to in clause (2) (6),
knowing it to be untrue. 1973, c. 101, s. 113.
114. A co-operative shall cause to be kept the following R«co"i8
records :
1 . A copy of the articles of the co-operative.
1122 Chap. 91 co-operative corporations Sec. 114ll2
2. All by-laws and resolutions, including special resolu-
tions, of the co-operative.
3. A register of members and security holders in which is
set out the names alphabetically arranged or alpha-
betically indexed in appropriate categories of,
i. in a co-operative with share capital, all persons
who are or have been within ten years registered
as holders of shares in the co-operative and the
address including the street and number, if
any, of every such person while a holder, in
which are set out also the number and class of
shares held by such holder,
ii. in a co-operative without share capital, all
persons who are or have been within ten years
registered as members of the co-operative and
the address including the street and number,
if any, of every such person while a member,
iii. in a co-operative with or without share capital,
all persons who are or who have been holders of
debt obligations other than debt obligations
in bearer form of the co-operative and the
address including the street and number, if
any, of every such person while a holder in
which are set out also the class or series and
principal amount of the debt obligations held
by such holder.
4. A register of directors in which are set out the names
and residence addresses while directors, including the
street and number, if any, of all persons who are or
have been directors of the co-operative with the
several dates on which they have become or ceased to
be a director.
5. Proper accounting records in which are set out all
financial and other transactions of the co-operative
including, without limiting the generality of the
foregoing, records of,
i. all sums of money received and disbursed by
the co-operative and the matters with respect
to which receipt and disbursement took place,
ii. all sales and purchases of the co-operative,
iii. the assets and liabilities of the co-operative,
and
Sec. 118(2) CO-OPERATIVE CORPORATIONS Chap. 91 1123
iv. all other transactions affecting the financial
position of the co-operative.
6. The minutes of all proceedings at meetings of members,
directors and any executive committee. 1973, c. 101 ,
s. 114.
115. Every co-operative shall cause to be kept a register ^ansfera"^
of transfers in which all transfers of securities issued by the
co-operative in registered form and the date and other parti-
culars of each transfer shall be set out. 1973, c. 101, s. 115.
1 1 6. A co-operative may appoint a registrar and a transfer ^™°^^®''
agent to keep the register of security holders and the register
of transfers. 1973, c. 101, s. 116.
117. — (1) The register of security holders and the register where^^ ^^
of transfers shall be kept at the head office of the co-operative be kept
or at such other office or place in Ontario as is appointed by
resolution of the directors.
(2) Registration of the transfer of a security of the co- registration
operative in the register of transfers is a complete and valid
registration for all purposes.
(3) A co-operative, registrar or transfer agent is not liable Destruction
to produce a security certificate or any document that is evi- documents
dence of the issue or transfer of the security certificate after
six years,
(a) in the case of a share certificate, from the date of its
cancellation; or
(6) in the case of a certificate representing a debt obliga-
tion, from the date of retirement of the whole debt
obligation of which the certificate represents a part.
1973. c. 101, s. 117.
118. — (1) The records mentioned in sections 114 and 115^°^
shall, during the normal business hours of the co-operative, b**Jf^<ftore°
be open to examination by any director and shall, except as
provided in section 117 and in subsections (2) and (3) of this
section, be kept at the head office of the co-operative.
(2) A co-operative may keep at any place where it conducts Records of
its affairs such parts of the accounting records as relate to the branch
operations, business and assets and liabilities of the co-operative'
carried on, supervised. or accounted for at such place, but there
shall be kept at the head office of the co-operative or such other
place as is authorized under subsection (3) such records as will
enable the directors to ascertain quarterly with reasonable
accuracy the financial position of the co-operative.
1124
Chap. 91
CO-OPERATIVE CORPORATIONS ScC. 118(3)
Order for
removal of
records
Ebcaminatlon
of records
by members
and creditors
(3) Where a co-operative,
(a) shows, to the satisfaction of the Minister, the neces-
sity of keeping all or any of the records mentioned in
subsection (1) at a place other than the head office of the
co-operative; and
(6) gives to the Minister adequate assurance, by surety
bond or otherwise, that such records will be open for
examination,
(i) at the head office or some other place in Ontario
designated by the Minister, and
(ii) by any person who is entitled to examine them
and who has applied to the Minister for such
an examination,
the Minister may, by order and upon such terms as he thinks
fit, permit the co-operative to keep such of them at such
place or places, other than the head office, as he thinks fit
and the Minister may by order and upon such terms as he sees
iit rescind any such order. 1973, c. 101, s. 118.
119. — (1) Subject to section 120, the records of a co-
operative mentioned in section 114 or 115, other than account-
ing records, resolutions of directors and the minutes of pro-
ceedings at meetings of directors and any executive committee,
shall, during the normal business hours of the co-operative
and at the place or places where they are kept, be open to
examination by the members and creditors or their agents or
personal representatives, and any of them may make extracts
therefrom.
Idem
(2) No person shall refuse to permit a person entitled thereto
to inspect such records or to make extracts therefrom. 1973,
c. 101, s. 119.
members 120. — (1) Any member or creditor, upon filing with the co-
and^l^urity operative or its agent the affidavit referred to in subsection (2)
may,
(«) make or cause to be made ; or
(b) require a co-operative or its transfer agent to make,
upon payment of a reasonable charge therefor,
a list setting out the names alphabetically arranged of all or
any members or security holders or both of the co-operative
and the addresses of each such person as shown on the records of
the co-operative made up to a date not more than ten days
before the date of filing the affidavit.
Sec. 120 (5) CO-OPERATIVE CORPORATIONS Chap. 91 1125
(2) The affidavit referred to in subsection (1) shall be made by JJ^^^J.
the applicant and shall be in the following form:
Form of Affidavit
Province of Ontario 1 In the matter of
County of J (Insert name of co-operative)
I,.. of the of.
in the of
make oath and say :
{Where the applicant is a corporaiion. indicate office and authority of
deponent.)
1. I am a member or a creditor of the above-named co-operative.
2. I require the list (or require to make a list) of -the members
(security holders) of the above-named co-operative.
3. I require the list of members (security holders) only for purposes
connected with the above-named co-operative.
4. The list of members (security holders) and the information contained
therein will be used only for purposes connected with the above-
named co-operative.
Sworn, etc.
(3) Where the applicant is a corporation, the affidavit shall be Mem^
made by the president or other officer authorized by resolution applicant a
rxi^tiri- ft corporation
of the board of directors of the corporation.
(4) No person shall use a list of all or any of the members ua* of
of a co-operative obtained under this section,
(a) for the purpose of delivering or sending to all or any
of the members advertising or other printed matter
relating to securities other than the securities of the
co-op)erative ; or
(6) for any purpose not connected with the co-operative.
(5) Every co-operative or transfer agent shall furnish a list in^^
accordance with subsection (1) when so required.
1126
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 120 (6)
Purposes
of list
Trafficking
in lists
Power of
court to
correct
(6) Purposes connected with the co-operative include any
effort to influence the voting of members or security holders
at any meeting thereof. 1973, c. 101, s. 120.
121. No person shall offer for sale or sell or purchase or
otherwise traffic in a list or a copy of a list of all or any of
the members of a co-operative. 1973, c. 101, s. 121.
122. — (1) Where the name of a person is, without sufficient
cause, entered in or omitted from the records of a co-operative
other than accounting records, or if default is made or un-
necessary delay takes place in entering therein the fact of any
person having ceased to be a security holder or member of
the co-operative, the person aggrieved, or any security holder
or member of the co-operative, or the co-operative itself, may
apply to the court for an order that the records be rectified,
and the court may dismiss such application or make an order
for the rectification of the records and may direct the co-
operative to compensate the party aggrieved for any damage
he has sustained.
Decision
as to'title
Trial of
issue
Jurisdiction
of court not
affected
(2) Any court may, in any proceeding under this section,
decide any question relating to the entitlement of a person
who is a party to the proceeding to have his name entered in
or omitted from such records whether the question arises
between two or more security holders or members or alleged
security holders or members, or between any security holders
or members or alleged security holders or members and the
co-operative.
(3) The court may direct an issue to be tried.
(4) This section does not deprive any court of any juris-
diction it otherwise has. 1973, c. 101, s. 122.
AUDITORS AND FINANCIAL STATEMENTS
ft^^audi? 123.— -(1) Where in a financial year all the members in a
provisions co-operative that,
(a) has fifteen or fewer members;
(b) has capital not exceeding $15,000 as shown on the
financial statement of the co-operative for the pre-
ceding year ; and
(c) has assets not exceeding $50,000 and sales or gross
operating revenues not exceeding $100,000, as shown
on the financial statement of the co-operative for the
preceding year.
Sec. 124 (5) CO-OPERATIVE CORPORATIONS Chap. 91 1127
consent in writing, the co-operative is exempt from sections 124
and 125, subsections 126(1) and (2), section 127 and clause 128(1)
(b) and subsection 128 (3) in respect of the financial year in which
the consent is given. 1973, c. 101, s. 123 (1).
(2) A co-operative that has never issued securities and that at i<i«™
the end of a financial year has less than $5,000 in capital and less
than $5 ,000 in assets is exempt in respect of that year from sections
124 and 125, subsections 126(1) and (2), section 127 and clause 128
(1) (6) and subsection 128 (3). 1978, c. 86, s. 19.
(3) For the purposes of this section, capital shall be computed ^^^''®'
by adding together the sums represented by the amounts of, of capital
(a) member and patronage loans made to the co-operative
that are outstanding ;
(6) issued capital determined in accordance with section
29;
(c) unsecured long-term debt ; and
(d) surplus,
as shown on the financial statement of the co-operative for
the preceding year. 1973, c. 101, s. 123 (2).
124. — (1) The members of a co-operative at their first Auditors
general meeting shall appoint one or more auditors to hold
office until the close of the first annual meeting and, if the
members fail to do so, the directors shall forthwith make
such appointment or appointments.
(2) The members shall at each annual meeting appoint one i**«™
or more auditors to hold office until the close of the next
annual meeting and, if an appointment is not so made, the
auditor in office continues in office until a successor is ap-
pointed.
(3) The directors may fill any casual vacancy in the office ^|^^y
of auditor, but, while such vacancy continues, the surviving
or continuing auditor, if any, may act.
(4) The members may, by resolution passed by a majority ^^^^°^
of the votes cast at a general meeting duly called for the
purpose, remove an auditor before the expiration of his term
of office, and shall by a majority of the votes cast at that
meeting appoint another auditor in his stead for the remainder
of his term.
(5) Before calling a general meeting for the purpose speci- audi^r*
fied in subsection (4), the co-operative shall, fifteen days or more
before the mailing of the notice of the meeting, give to the
auditor.
1128
Chap. 91
CO-OPERATIVE CORPORATIONS Sec. 124 (S) (a)
{a) written notice of the intention to call the meeting,
specifying therein the date on which the notice of
the meeting is proposed to be mailed ; and
(6) a copy of all material proposed to be sent to members
in connection with the meeting.
Right of (6) An auditor has the right to make to the co-operative,
makerepre- three days or more before the mailing of the notice of the
**° meeting, representations in writing, concerning,
(a) his proposed removal as auditor ;
(6) the appointment or election of another person to
fill the office of auditor ; or
(c) his resignation as auditor,
and the co-operative, at its expense, shall forward with the notice
of the meeting a copy of such representations to each member
entitled to receive notice of the meeting.
Remuner-
ation
(7) The remuneration of an auditor appointed by the mem-
bers shall be fixed by the members, or by the directors if
they are authorized so to do by the members, and the remun-
eration of an auditor appointed by the directors shall be fixed
by the directors.
Appointment
by court
(8) If for any reason no auditor is appointed, the court may,
on the application of a member, appoint one or more auditors
to hold office until the close of the next annual meeting and
may fix the remuneration to be paid by the co-operative for
his or their services.
Notice of
appointment
(9) The co-operative shall give notice in writing to an auditor
of his appointment forthwith after the appointment is made.
1973, c. 101, s. 124.
Notice to
auditor of
proposal to
appoint
another
125. — (1) If, at an annual meeting of rhembers, it is pro-
posed to appoint an auditor, other than the incumbent auditor,
the co-operative shall, fifteen days or more before the mailing
of the notice of meeting, give to the incumbent auditor a written
notice of management's intention not to recommend his re-
appointment at the annual meeting, specifying therein the date
on which the notice of the meeting is proposed to be mailed.
Right of
incumbent
auditor to
make rep-
resentations
(2) The incumbent auditor has the right to make to the co-
operative, three days or more before the mailing of the notice
of the meeting, representations in writing concerning the pro-
posal not to reappoint him as auditor, and the co-operative,
Sec. 127 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1129
at its expense, shall forward with the notice of the meeting a
copy of such representations to each member entitled to receive
notice of the meeting. 1973, c. 101, s. 125.
126. — (1) No person shall be appointed or act as auditor PersoM^^^
of a co-operative who is a director, officer or employee, or as auditors
who has been, during the two years immediately preceding
the proposed date of his appointment as auditor, a director,
officer or employee of the co-operative or who is a partner, em-
ployer or employee of such director, officer or employee or
who is a related person to any director or officer of the co-
operative.
(2) No person shall be appointed to act as auditor of a co- ^<*®'"
operative if he or any partner or employer of or related person
to him transacts a material amount of business with the co-
operative.
(3) No person shall be appointed a receiver or a receiver Auditors
and manager or liquidator of any co-operative of which he or appointed
any partner or employer of or a related person to him is theetc*'^^"'
auditor or has been auditor within the two years preceding his
appointment as receiver or receiver and manager or liquidator.
(4) No person who is appointed a trustee of the estate of a Trustee in
DStnkruDt^v
co-operative under the Bankruptcy Act (Canada) or any partner not to be
or employer of or a related person to him shall be appointed *"g*j^°[g^
or act as auditor of the co-operative. 1973, c. 101, s. 126. c.b-3
127. — (1) The auditor shall make such examination as will f^£"*^
enable him to report to the members as required by sub-
section (2).
(2) The auditor shall make a report to the members on the ^g"**"°'"'^
financial statement, other than the part thereof that relates to the
period referred to in subclause 128 (1) (a) (ii), to be laid before the
co-operative at any annual meeting during his term of office and
shall state in his report whether in his opinion the financial
statement referred to therein presents fairly the financial position
of the co-operative and the results of its operations for the period
under review in accordance with generally accepted accounting
principles applied on a basis consistent with that of the preceding
period, if any.
(3) Where the report under subsection (2) does not contain wem
the unqualified opinion required thereby, the auditor shall
state in his report the reasons therefor.
(4) Where facts come to the attention of the officers or f^^^ered
directors, after
statement
1130 Chap. 91 CO-OPERATIVE CORPORATIONS See. 127 (4) (a)
(a) which could reasonably have been determined prior
to the date of the last annual meeting of the members ;
and
{b) which, if known prior to the date of the last annual
meeting of members, would have required a material
adjustment to the financial statement presented to the
meeting,
the officers or directors shall communicate such facts to the
auditor who reported to the members under this section and the
directors shall forthwith amend the financial statement and
send it to the auditor.
Amendment
of auditor's
report
Idem
Idem
Idem
(5) On the receipt of facts furnished under subsection (4)
or from any other source, the auditor shall, if in his opinion it
is necessary, amend his report in respect of the financial
statement in accordance with subsection (3) and the directors
or, if they fail to do so within a reasonable time, the auditor
shall mail such amended report to the members.
(6) If the financial statement contains a statement of
changes in net assets or a statement of source and application
of funds, the auditor shall include in his report a statement
whether in his opinion, in effect, the statement of changes in
net assets or the statement of source and application of funds
presents fairly the information shown therein.
(7) Whether or not the assets and liabilities and income
and expense of any one or more subsidiaries of a co-operative
are included in the financial statement of the co-operative,
the report of the auditor of the co-operative required by
subsection (2) may refer to the reports of auditors of one or more of
such subsidiaries, but such reference shall not derogate from the
duty of the auditor of the co-operative to comply with subsection
(2).
(8) The auditor in his report shall make such statements
as he considers necessary,
(a) if the co-operative's financial statement is not in
agreement with its accounting records;
(b) if the co-operative's financial statement is not in
accordance with the requirements of this Act;
(c) if he has not received all the information and ex-
planations that he has required ; or
{d) if proper accounting records have not been kept, so
far as appears from his examination.
Sec. 128 (1) (a) (i) co-operative corporations Chap. 91 1131
(9) The auditor of a co-operative has right of access at all^'»i»'of
&CC688 ClC
times to all records, documents, accounts and vouchers of the
co-operative and is entitled to require from the directors,
officers and employees of the co-operative such information
and explanation as in his opinion are necessary to enable him
to report as required by subsection (2).
(10) The auditor of a co-operative has right of access at ^<*®'"
all times to all records, documents, accounts and vouchers
of all subsidiaries of the co-operative and is entitled to require
from the directors, officers and employees of each such sub-
sidiary such information and explanation as in his opinion are
necessary to enable him to report as required by subsection (2).
(11) Where a subsidiarv' referred to in subsection (10) is a^dem
corporation to which this Act does not apply, the co-operative
shall make available to its auditor the records, documents,
accounts and vouchers of that subsidiary and shall require the
directors, officers and employees of that subsidiary to make
available to its auditor the information and explanation required
by subsection (10).
(12) The auditor of a co-operative is entitled to attend any ^^'J^^^IJ'" "™*y
meeting of members of the co-operative and to receive allmembere-
° - , . .'^ , . . meetings
notices and other communications relating to any such
meeting that a member is entitled to receive, and to be
heard at any such meeting that he attends on any part of the
business of the meeting that concerns him as auditor.
(13) Any member of a co-operative, whether or not he is ^^JJ^^"" "^^^
entitled to vote at meetings of members, may, by notice auditor's
in writing to the co-operative given five days or more before at members'
any meeting of members, require the attendance of the auditor '"^^ ^°^
at such meeting at the co-operative's expense, and in such
event the auditor shall attend the meeting.
(14) At anv meeting of members, the auditor, if present , Auditors
' I ' TYiiiRt Answer
shall answer inquiries directed to him concerning the bases inquiries
upon which he formed the opinion stated in the report made
under subsection (2). 1973, c. 101, s. 127.
128. — (1) The directors shall lay before each annual meet- ^'be?aw*°°
ing of members, before annual
«-> ' meeting
(a) a comparative financial statement relating separately
to,
(i) the f)eriod that commenced on the date of
incorporation and ended not more than six
months before the annual meeting or, if the
1132 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 128 (1) (a) (i)
co-operative has completed a financial year,
that commenced immediately after the end
of the last completed financial year and ended
not more than six months before the annual
meeting, as the case may be, and
(ii) the period covered by the financial year next
preceding such latest completed financial year,
if any,
made up of,
(iii) a statement of profit and loss for each period,
(iv) a statement of surplus for each period,
(v) a statement of patronage returns allocated
to members during the year,
(vi) a statement of source and application of funds
for each period, and
(vii) a balance sheet as at the end of each period ;
(b) the report of the auditor to the members; and
(c) such further information respecting the financial
position of the co-operative as the articles or by-laws
of the co-operative require.
Designation (2) It is not necessary to designate the statements referred
statements to in subsection ( 1) as the statement of profit and loss, statement of
surplus, statement of patronage returns, statement of source and
application of funds and balance sheet.
T^Ttto (3) The report of the auditor to the members shall be
be read read at the annual meeting and shall be open to inspection
at the meeting by any member. 1973, c. 101, s. 128.
statement 129. — (1) The statement of profit and loss to be laid
andioss before an annual meeting shall be drawn up so as to present
fairly the results of the operations of the co-operative for the
period covered by the statement and so as to distinguish
severally at least,
{a) sales or gross operating revenue ;
(6) the operating profit or loss before including or pro-
viding for other items of income or expense that are
required to be shown separately ;
Sec. 130 (2) 1(2 i co-operative corporations Chap. 91 1133
(c) income from investments in subsidiaries whose
financial statements are not consolidated with those
of the co-operative;
{d) income from other investments ;
(e) non-recurring profits and losses of significant amount
including profits or losses on the disposal of capital
assets and other items of a sp)ecial nature to the
extent that they are not shown separately in the
statement of earned surplus ;
{/) any provision for depreciation or for obsolescence
or for depletion;
{g) amounts written off for goodwill or amortization of
any other intangible assets to the extent that they are
not shown separately in the statement of earned
surplus ;
(A) interest on indebtedness initially incurred for a term
of more than one year, including amortization of
debt discount or premium and expense ; and
(t) taxes on income imp)osed by any taxing authority,
and shall show the net profit or loss for the financial period.
(2) Notwithstanding subsection (1), items of the natures i^^®™
described in clauses ( 1) (/) and (g) may be shown by way of note to
the statement of profit and loss. 1973, c. 101, s. 129.
130. — (1) The statement of surplus to be laid before an f/f^^*^
annual meeting shall be drawn up so as to present fairly the
transactions reflected in the statement and shall show sepa-
rately a statement of contributed surplus and a statement of
earned surplus. 1973, c. 101, s. 130 (1).
(2) The statement of contributed surplus shall be drawn contributed
8UjrT)ill&
up so as to include and distinguish at least the following items :
1. The balance of such surplus at the end of the pre-
ceding financial period.
2. The additions to and deductions from such surplus
during the financial period including,
i. the amount of surplus arising from the
reorganization of the co-operative's issued
1134 Chap. 91 co-operative corporations Sec. 130 (2) 1l2 i
capital, including inter alia, the amount of
surplus realized on the purchase of shares,
ii. donations of cash or other property by mem-
bers, and
iii. the amount of membership fees.
3. The balance of such surplus at the end of the financial
period. 1973, c. 101, s. 130 (2) ; 1978, c. 86, s. 20.
Earned (3) The Statement of earned surplus shall be drawn up
surplus *
so as to distinguish at least the following items :
1. The balance of such surplus at the end of the pre-
ceding financial period.
2. The additions to and deductions from such surplus
during the financial period and without restricting
the generality of the foregoing at least the following :
i. The amount of the net profit or loss for the
financial period.
ii. The amount of dividends declared on each
class of shares.
iii. The amount of patronage returns allocated to
members.
iv. The amount transferred to or from reserves.
3. The balance of such surplus at the end of the financial
period. 1973, c. 101, s. 130 (3).
Treatment 131. Where a co-opcrative allocates patronage returns, the
returns°"^^^ Statement referred to in subclause 128 (1) (a) (v) shall be drawn up
to distinguish patronage returns according to services or products
or groups of products acquired, marketed, handled, dealt in or
sold or rendered by the customer or by the co-operative and such
statement shall be so drawn as to present fairly the information
shown therein for the period and show separately for members
and non-members the amount of patronage returns allocated to
each service, product or groups of products. 1973, c. 101, s. 131.
Sec. 133 (1) f 2 CO-OPERATIVE CORPORATIONS
Chap. 91
1135
132. The statement of source and application of funds refer- statement
^^ of source
red to in subclause 128 (1) (6) (vi) shall be drawn up so as to present and
fairly the information shown therein for the period, and shall show of funds
separately at least,
(a) funds derived from.
(i
(ii
(iii
(iv
(V
(b) funds
(i
(ii
(iii
(iv
(V
(vi
(vii
current operations,
sale of non-current assets, segregating invest-
ments, fixed assets and intangible assets,
issue of debt obligations, including member
loans, or other indebtedness maturing more
than one year after issue,
issue of shares,
membership fees; and
applied to,
purchase of non-current assets, segregating
investments, fixed assets and intangible assets,
redemption or other retirement of debt obliga-
tions or repayment of other indebtedness
maturing more than one year after issue,
redemption or other retirement of shares,
payment of dividends,
repayment of patronage loans,
payment of cash patronage returns, and
repayment of member loans. 1973, c. 101,
s. 132.
133. — (1) The balance sheet to be laid before an annual ^^f*^
meeting shall be drawn up so as to present fairly the financial
position of the co-op)erative as at the date to which it is made
up and so as to distinguish severally at least the following:
1. Cash.
2. Debts owing to the co-operative from its directors,
officers or members, except debts of reasonable amount
1136 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 133 (1) 1l2
arising in the ordinary course of its business that are
not overdue having regard to its ordinary terms of
credit.
3. Debts owing to the co-operative, whether on account
of a loan or otherwise, from subsidiaries whose
financial statements are not consolidated with those
of the co-operative.
4. Other debts owing to the co-operative segregating
those that arose otherwise than in the ordinary
course of its business.
5. Inventory, stating the basis of valuation.
6. Shares, bonds, debentures and other investments
owned by the co-operative, except those referred to
in paragraph 7, stating their nature and the basis of
their valuation and showing separately those that are
marketable with a notation of their market value.
7. Securities of subsidiaries whose financial statements
are not consolidated with those of the co-operative,
stating the basis of valuation.
8. Lands, buildings and plant and equipment, stating
the basis of valuation, whether cost or otherwise, and,
if valued on the basis of an appraisal, the date of
appraisal, the name of the appraiser, the basis of the
appraisal value and, if such appraisal took place
within five years preceding the date to which the
balance sheet is made up, the disposition in the
accounts of the co-operative of any amounts added to
or deducted from such assets on appraisal and also
the amount or amounts accumulated in respect of
. depreciation, obsolescence and depletion.
9. There shall be stated under separate headings, in so
far as they are not written off,
i. expenditures on account of future business,
ii. any expense incurred in connection with any
issue of shares,
iii. any expense incurred in connection with any
issue of debt obligations, including any dis-
count thereon, and
iv. any one or more of the following: goodwill,
franchises, patents, copyrights, trade marks
Sec. 133 (1) K21 CO-OPERATIVE CORPORATIONS Chap. 91 1137
and other intangible assets and the amount,
if any, by which the value of any such assets
has been written up within a period of five
years preceding the date to which the balance
sheet is made up.
10. Bank loans and overdrafts.
11. Debts owing by the co-operative, except those re-
ferred to in paragraphs 12 and 13, on loans from its
directors, officers or members.
12. Debts owing by the co-of)erative on loans from mem-
bers, called "member loans" referred to in section
49.
13. Debts owing by the co-operative to members on the
compulsory loans of patronage returns referred to in
subsection 56 (4).
14. Debts owing by the co-operative to subsidiaries whose
financial statements are not consolidated with those
of the co-operative, whether on account of a loan or
otherwise.
15. Other debts owing by the co-operative, segregating
those that arose otherwise than in the ordinary
course of its business.
16. Liability for taxes, including the estimated liability
for taxes in respect of the income of the f)eriod
covered by the statement of profit and loss.
17. Dividends declared but not paid.
18. Deferred income.
19. Debt obligations issued by the co-operative, stating
the interest rate, the maturity date, the amount
outstanding and the existence of sinking fund,
redemption requirements and conversion rights, if
any.
20. The ^authorized capital, giving the number of each
class of shares and a brief description of each such
class, and indicating therein any class of shares that
is redeemable and the redemption price thereof.
21. The issued capital, giving the number of shares of
each class issued and outstanding and the amount
1138 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 133(1)1|21
received therefor that is attributable to capital, and
showing,
i. the number of shares of each class issued since
the date of the last preceding balance sheet
and the value attributed thereto, distinguish-
ing shares issued for cash, shares issued for
services and shares issued for other considera-
tion, and
ii. where any shares issued before this Act comes
into force have not been fully paid,
a. the number of shares in respect of
which calls have not been made and
the aggregate amount that has not been
called, and
b. the number of shares in respect of
which calls have been made and not
paid and the aggregate amount that
has been called and not paid.
22. Contributed surplus.
23. Earned surplus.
24. Reserves, showing the amounts added thereto and
the amounts deducted therefrom during the financial
period.
25. The aggregate number of shares of the co-operative
purchased and resold since the date of the last
preceding balance sheet.
^otes (2) Explanatory information or particulars of any item
mentioned in subsection (1) may be shown by way of note to the
balance sheet. 1973, c. 101, s. 133.
Notes to 134. — (1) There shall be stated bv way of note to the
financial ^ ^ ' . ■^ ■ ■^ .
statement financial statement particulars of any change in accounting
principle or practice or in the method of applying any account-
ing principle or practice made during the period covered that
affects the comparability of any of the statements with any
of those for the preceding period, and the effect, if material,
of any such change upon the profit or loss for the period.
fJcmfntiSg (2) For the purpose of subsection (1), a change in accounting
practice principle or practice or in the method of applying any account-
ing principle or practice affects the comparability of a state-
Sec. 134(3)1110 co-operative corporations Chap. 91 1139
ment with that for the preceding period, even though such
change did not have a material effect upon the profit or loss
for the period.
(3) Where applicable, the following matters shall be referred i<*«™
to in the financial statement or by way of note thereto :
1. The basis of conversion of amounts from currencies
other than the currency in which the financial state-
ment is expressed.
2. Foreign currency restrictions that affect the assets
of the co-operative.
3. Contractual obligations that will require abnormal
expenditures in relation to the co-operative's normal
business requirements or financial position or that
are likely to involve losses not provided for in the
accounts.
4. Material contractual obligations in resjject of long-
term leases, including, in the year in which the trans-
action was effected, the principal details of any sale
and lease transaction.
5. Contingent liabilities, stating their nature and,
where practicable, the approximate amounts in-
volved.
6. Any liability secured otherwise than by operation
of law on any asset of the co-operative, stating the
liability so secured.
7. Any default of the co-operative in principal, interest,
sinking fund or redemption provisions with respect
to any issue of its debt obligations or credit agree-
ments.
8. The gross amount of arrears of dividends on any
class of shares and the date to which such dividends
were last paid.
9. Where a co-operative has contracted to issue shares
or has given an option to purchase shares, the class
and number of shares affected, the price and the
date for issue of the shares or exercise of the option.
10. Where a co-operative has contracted to purchase or
resell common shares, the number of shares affected
and price and date for the purchase or resale.
1140 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 134 (3) If 11
11. The aggregate direct remuneration paid or payable
by the co-operative and its subsidiaries whose finan-
cial statements are consolidated with those of the
co-operative to the directors and the senior officers
and, as a separate amount, the aggregate direct
remuneration paid or payable to such directors and
senior officers by the subsidiaries of the co-operative
whose financial statements are not consolidated with
those of the co-operative.
12. In the case of a co-operative with subsidiaries, the
aggregate of any shares in, and the aggregate of any
debt obligations of, that co-operative held by a sub-
sidiary corporation whose financial statements are not
consolidated with those of the co-operative.
13. The amount of any loans by the co-operative, or by a
subsidiary corporation, otherwise than in the or-
dinary course of business, during the co-operative's
financial period, to the directors or officers of the
co-operative.
14. Any restriction by the articles or by-laws of the co-
operative or by contract on the payment of dividends
that is significant in the light of the co-operative's
financial position.
15. Any event or transaction, other than oni- in tlic
normal course of business operations, between the
date to which the financial statement is made up and
the date of the auditor's report thereon that materi-
ally affects the financial statement.
16. The amount of any obligation for pension benefits
arising from service before the date of the balance
sheet, whether or not such obligation has been
provided for in the accounts of the co-operative,
the manner in which the co-operative proposes to
satisfy such obligation and the basis on which it has
charged or proposes to charge the related costs against
operations.
17. Brief particulars of any action to which the co-
operative is a party commenced under section 68
during the period.
18. In the case of a co-operative that transacts business
with non-members,
(i) where the amount of business transacted with
non-members exceeds 20 per cent, a statement
setting out the percentage of such business, or
►
Sec. 135 (2) (a) (iii) co-operative corporations Chap. 91 1141
(ii) where the amount of business transacted
with non-members does not exceed 20 per
cent, a statement to this effect.
(4) A note to a financial statement is a part of it. ^'*""
(5) In this section, "senior officer" does not include each •i^^^'**
of the five highest paid employees of a co-operative. 1973, of senior
c. 101, s. 134. °'"°*'"
135. — (1) A co-operative, in this section referred to as gonsoiwated
"the holding co-operative", may include in the financial state- statement
ment to be submitted at an annual meeting the assets and
liabilities and income and expense of any one or more of its
subsidiaries, making due provision for minority interests, if
any, and indicating in such financial statement that it is
presented in consolidated form.
(2) Where the assets and liabilities and income and expense Non-
/ i-'j'- rxi-Lij' i- consolidated
of any one or more subsidiaries of the holding co-operative financial
are not so included in the financial statement of the holding *'"*"
co-operative,
(a) the financial statement of the holding co-operative
shall include a statement setting forth,
(i) the reason why the assets and liabilities and
income and expense of such subsidiary or
subsidiaries are not included in the financial
statement of the holding co-operative,
(ii) if there is only one such subsidiary, the amount
of the holding co-operative's proportion of the
profit or loss of the subsidiary for the financial
period coinciding with or ending in the
financial piTiod of the holding co-opc^ativo. or,
if there is more than one such subsidiary, the
amount of the holding co-operative's propor-
tion of the aggregate profits less losses, or
losses less profits, of all the subsidiaries for
the resf)ective financial periods coinciding
with or ending in the financial period of the
holding co-operative,
(iii) the amount included as income from such
subsidiary or subsidiaries in the statement of
profit and loss of the holding co-operative and
the amount included therein as a provision
for the loss or losses of the subsidiary or
subsidiaries.
1142 Chap. 91 co-operative corporations Sec. 135 (2) {a) (iv)
(iv) if there is only one such subsidiary, the
amount of the holding co-operative's propor-
tion of the undistributed profits of the sub-
sidiary earned since the acquisition of the
shares of the subsidiary by the holding
co-operative to the extent that such amount has
not been taken into the accounts of the
holding co-operative, or, if there is more than
one such subsidiary, the amount of the hold-
ing co-operative's proportion of the aggregate
undistributed profits of all the subsidiaries
earned since the acquisition of their shares by
the holding co-operative less its proportion
of the losses, if any, suffered by any subsidiary
since the acquisition of its shares to the extent
that such amount has not been taken into the
accounts of the holding co-operative,
(v) any qualifications contained in the report of
the auditor of any such subsidiary on its
financial statement for the financial period
ending as aforesaid, and any note or reference
contained in that financial statement to call
attention to a matter that, apart from the
note or reference, would properly have been
referred to in such a qualification, in so far
as the matter that is the subject of the quali-
fication or note is not provided for by the
co-operative's own financial statement and is
material from the point of view of its mem-
bers ;
(b) if for any reason the directors of the holding co-
operative are unable to obtain such information as is
necessary for the preparation of the statement that
is to be included in the financial statement of the
holding co-operative, the directors who sign the
financial statement shall so report in writing and
their report shall be included in the financial state-
ment in lieu of the statement ;
(c) if, in the opinion of the auditor of the holding co-
operative, adequate provision has not been made in
the financial statement of the holding co-operative
for the holding co-operative's proportion,
(i) where there is only one such subsidiary, of the
loss of the subsidiary suffered since acquisition
of its shares by the holding co-operative, or
Sec. 138 (1) CO-OPERATIVE CORPORATIONS Chap. 91 1143
(ii) where there is more than one such subsidiary,
of the aggregate losses suffered by the sub-
sidiaries since acquisition of their shares by
the holding co-operative in excess of its pro-
portion of the undistributed profits, if any,
earned by any of the subsidiaries since such
acquisition,
the auditor shall state in his report the additional
amount that in his opinion is necessary to make full
provision therefor.
(3) Whether or not the assets and liabilities and income g°^8i5i°ry
and expense of any one or more subsidiaries of a holding statement
co-operative are included in the financial statement of the
holding co-operative, true copies of the latest financial state-
ment of the subsidiary or subsidiaries shall be kept on hand
by the holding co-operative at its head office and shall be open
to examination by the members of the holding co-operative
on request during the normal business hours of the holding
co-operative. 1973, c. 101, s. 135.
136. Notwithstanding sections 129 to 135, it is not neces- ^^s^^^^cant
sary to state in a financial statement any matter that in all the stances
circumstances is of relative insignificance. 1973, c. 101, s. 136.
137. In a financial statement, the term "reserve" shall ^®*®'"^®
be used to describe only,
(a) amounts appropriated from earned surplus at the
discretion of management for some purpose other
than to meet a liability or contingency known or
admitted or a commitment made as at the statement
date or a decline in value of an asset that has already
occurred ;
(6) amounts appropriated from earned surplus pursuant
to the articles or by-laws of the co-operative for some
purpose other than to meet a liability or contingency
known or admitted or a commitment made as at the
statement date or a decline in value of an asset that
has already occurred ; and
(c) amounts appropriated from earned surplus in accord-
ance with the terms of a contract and that can be
restored to the earned surplus when the conditions
of the contract are fulfilled. 1973, c. 101, s. 137.
138. — ( 1 ) The directors of a co-operative may elect annually Jo"^*j^ittee
from among their number a committee to be known as the
audit committee to be composed of not fewer than three
1144
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 138 (1)
Chairman
directors, of whom a majority shall not be officers or em-
ployees of the co-operative to hold office until the next
annual meeting of the members.
(2) The members of the audit committee. shall elect a chair-
man from among their number.
Review (3) The co-of)erative shall submit the financial statement
to the audit committee for its review and the financial state-
ment shall thereafter be submitted to the board of directors.
Hearing
of auditor
(4) The auditor has the right to appear before and be heard
at any meeting of the audit committee and shall appear
before the audit committee when required to do so by the
committee.
Idem
(5) Upon the request of the auditor, the chairman of the
audit committee shall convene a meeting of the committee to
consider any matters the auditor believes should be brought
to the attention of the directors or members.
Right of
auditor to
be beard
(6) The auditor of a co-operative shall be entitled to
attend and be heard at meetings of the board of directors
of the co-operative on matters relating to his duties as auditor.
1973. c. 101. s. 138.
Approval by
directors
139. — (1) The financial statement shall be approved by
the board of directors and the approval shall be evidenced by
the signature at the foot of the balance sheet by two of
the directors duly authorized to sign and the auditor's report,
unless the co-operative is exempt under section 123, shall
be attached to or accompany the financial statement.
Rights of
auditor
where no
audit
committee
(2) The auditor of a co-operative that has not elected an
audit committee for the year to which the financial state-
ment relates, is entitled,
(a) to receive notice of and to attend the meeting of
directors called to approve the financial statement
under subsection (1); and
(b) to request a meeting of the board of directors of the
co-operative to consider any matters the auditor
believes should be brought to their attention, and
upon his request, the president of the co-operative
shall convene such a meeting. 1973, c. 101, s. 139.
Mailing of
financial
statement to
members
140. — (1) A co-operative shall, ten days or more before
the date of the annual meeting of members, send by
prepaid mail to each member at his latest address as shown
Sec. 143 (a) co-operative corporations Chap. 91 1145
on the records of the co-operative a copy of the financial
statement and, subject to section 123, a copy of the auditor's
report.
(2) The directors of such co-operative shall send by prepaid ^'*«™
mail to each such member a copy of any financial state-
ment and auditor's report amended under subsections 127 (4) and
(5). 1973, c. 101, s. 140.
141. — (1) A co-operative shall file with the Minister its Financial
financial statements and, subject to section 123, a copy of its to be filed
auditor's report that are required to be mailed by the co- Minister
operative to its members.
(2) The financial statements and auditor's report where wem
required, shall be sent to the Minister on the same date
such statements are mailed or required to be mailed by the
co-operative to its members, whichever is the earlier. 1973,
c. 101, s. 141.
MAINTENANCE OF CO-OPERATIVE STATUS
142.— (1) Upon the request of the Minister, every co-K"^"""
operative shall furnish to the Minister such information as^Miidster
he may require to enable him,
(a) to compile statistical records and information in
such form as the Minister may require ;
(6) to facilitate the carrying on of research projects;
(c) to establish that all persons to whom this Act applies
are not in contravention of this Act ; and
{£) to establish that the business and affairs of the co-
operative are being conducted on a co-operative basis.
(2) The Minister or any employee in the Ministry shall not n^°[^b^'°°
disclose any information contained in a return made under sub- disclosed
section (1), except where that disclosure is necessary for the
administration or enforcement of this Act or where the disclosure
is required by a court for the purposes of an action, prosecution
or other proceeding. 1973, c. 101, s. 142.
143. Where the Minister is of the opinion that the business ^i^^^^on
and affairs of the co-operative are not being conducted on a g^^*^*^^^®
co-op)erative basis, he may, after giving the co-operative an
opportunity to be heard,
(a) issue a certificate of amendment changing the
co-operative into a corporation subject to the
1146
R.S.O. 1980,
c. 54
Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 143 (a)
provisions of the Business Corporations Act and when
necessary for the purpose, changing the co-operative
into a corporation with share capital; or
R.S.O. 1980,
c. 95
(b) issue a certificate of amendment changing the co-opera-
tive into a corporation subject to the provisions of Part
III of the Corporations Act and where necessary for
the purpose, changing the co-operative into a corpora-
tion without share capital. 1978, c. 86, s. 21.
Limit to
non-member
business
144. — (1) Where the Minister is of the opinion that a
co-operative has for a period of three years or longer con-
ducted 50 per cent or more of its business with non-members
of that co-operative, he may, after giving the co-operative an
opportunity to be heard,
(a) issue a certificate of amendment changing the co-opera-
tive into a corporation subject to the provisions of the
Business Corporations Act and where necessary for the
purpose, changing the co-operative into a corporation
with share capital; or
(b) issue a certificate of amendment changing the co-opera-
tive into a corporation subject to the provisions of Part
III of the Corporations Act and where necessary for
the purpose, changing the co-operative into a corpora-
tion without share capital. 1978, c. 86, s. 22.
Idem
(2) For the purposes of subsection (1), the amount of business
conducted by a co-operative with a non-member means the
value of goods or products acquired, marketed, handled, dealt
in or sold or services rendered by the co-operative, on behalf of or
for the non-members expressed as a percentage of the total
value of goods or products acquired, marketed, handled, dealt
in or sold or services rendered by the co-operative from, on
behalf of, or for all customers during the year.
Idem
(3) For the purposes of computing the amount of business
under subsection (2), there shall not be included in the amount
of business conducted with non-members, the value of goods or
products acquired, marketed, handled, dealt in or sold or
services rendered by the co-operative from, on behalf of or
for non-members who are required to conduct business with
the co-operative by a marketing plan established under an
Act of the Legislature or of the Parliament of Canada. 1973,
c. 101, s. 144 (2, 3).
Sec. 146 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1147
145. — (1) If a co-operative exercises its corporate powers Jfo^"?*^"
when its members are fewer in number than five for a period of number
l6W6r
more than six months after the number has been so reduced, than Ave
each person who was a member of the co-operative during the
time that it so exercised its corporate powers after such period
of six months and is aware of the fact that it so exercised its
corporate powers is severally liable for the payment of the
whole of the debts of the co-operative contracted during such
time and may be sued for the debts without the joinder in
the action of the co-operative or of any other member.
(2) A member who has become aware that the co-operative saving
is so exercising its corporate powers may serve a protest in
writing on the co-operative and may by registered letter
notify the Minister of such protest having been served and of
the facts upon which it is based, and such member may thereby
and not otherwise, from the date of his protest and notification,
exonerate himself from liability.
(3) If after notice from the Minister the co-operative refuses ^°naity*°**
or neglects to bring the number of its members up to five
or more, such refusal or neglect may be regarded by the
Minister as sufficient cause for the cancellation of the certificate
of incorporation or any certificate issued by him under this
Act. 1973, c. 101, s. 145.
INVESTIGATIONS
146. — (1) Upon application by a member of a co-operative, ^"Yfo""^ ^
the court, if satisfied that the application is made in good audits
faith and that it is prima facie in the interests of the co-
of)erative or the holders of its securities to do so, may make
an order, upon such terms as to the costs of the investigation
or audit or otherwise as to the court seems fit, appointing an
inspector to investigate the affairs and management of the
co-operative or any subsidiary of the co-operative, or both, and
to audit the accounts and records of the co-operative or any
affiliate thereof named in the order.
(2) An order may be made under subsection (1) whether or i**®™
not there has been disclosure to the members of the co-operative
of information relating to any matter on the basis of which
the order is made.
(3) Every director, officer, agent, employee, banker and ^^^^^^jJJJ
auditor of the co-operative or of any subsidiary of the co- a°d records
operative named in the order and every other person shall
produce for the examination of the inspector all accounts and
records of or relating to the co-operative or subsidiary in their
custody or control.
1148
Chap. 91
CO-OPERATIVE CORPORATIONS ScC. 146 (4)
Examination
may be
under oath
(4) The inspector may examine upon oath any present or
former director, officer, agent or employee of the co-operative
or subsidiary in relation to its affairs, management, accounts and
records.
Court order
for
examination
Offences
Inspector's
report
(5) The court may, on the application of the inspector, on
such terms and conditions as it sees fit, order any person not
mentioned in subsection (4) to attend and be examined under
oath before the inspector on any matter relevant to the
investigation or audit.
(6) Every director, officer, agent, employee, banker or
auditor who refuses to produce any account or record re-
ferred to in subsection (3) and every person examined under
subsection (4) or (5) who refuses to answer any question related
to the affairs and management of the co-operative or any
subsidiary is guilty of an offence under section 176, in addition
to any other liability to which he is subject.
(7) The inspector shall make a report to the court and shall
forward a copy of the report to the co-operative and any
subsidiary of the co-operative named in the order and to the
person who made the application under subsection (1). 1973, c.
101, s. 146.
Co-operative
may appoint
inspector
for same
purpose
147.— (1) A co-operative may, by resolution passed at an
annual meeting of members or a general meeting of members
called for that purpose, appoint an inspector to investigate
its affairs and management.
Powers and
duties of
inspector
Where
Minister
to appoint
Inspector
(2) The inspector appointed under subsection (1) has the
same powers and shall perform the same duties as an inspector
appointed under section 146 and he shall make his report in
such manner and to such persons as the co-operative by
resolution of the members directs. 1973, c. 101, s. 147.
148. — (1) Notwithstanding anything contained in section
146 or 147, the Minister shall appoint in writing an inspector
to investigate and report on the affairs and management of a
co-operative or its subsidiaries if 10 per cent of the members
of the co-operative request in writing such investigation and
show circumstances suggesting that,
(a) the business of the co-operative or any of its sub-
sidiaries is or has been carried on with intent to
defraud any person;
(b) the business or affairs of the co-operative, or any of
its subsidiaries are or have been carried on or con-
ducted, or the powers of the directors are or have
Sec. 149 co-operAtive CORPORATIONS Chap. 91 1149
been exercised, in a manner oppressive or unfairly
prejudicial to or in disregard of the interests of a
security holder;
(c) the co-operative or any of its subsidiaries was
formed for a fraudulent or unlawful purpose or is to
be dissolved for a fraudulent or unlawful purpose;
or
(d) persons concerned with the formation, business or
affairs of the co-operative or any of its subsidiaries
have in connection therewith acted fraudulently or
dishonestly.
(2) The Minister may on his own initiative appoint in "«»«
writing an inspector to investigate and report on the affairs
and management of a co-operative or its subsidiaries if it
appears that there exist any of the circumstances mentioned
in clause (1) (a), (6), (c) or {d).
(3) Every person shaU produce for the examination of the ^accouJfj^
insp)ector all accounts and records in their custody or control and records
which relate to the co-operative or any of its subsidiaries.
(4) The inspector may examine upon oath any present or ^y"^"*"""
former director, officer, agent or employee of the co-operative under oath
or any of its subsidiaries in relation to its affairs, management,
accounts and records.
(5) Upon an application to the court by the inspector, thcC^^'^j^j.
court may, on such terms and conditions as it sees fit, order examination
any person not mentioned in subsection (4) to attend and be
examined under oath before the inspector on any matter
relevant to the investigation.
(6) Every director, officer, agent, employee, banker or offences
auditor who refuses to produce any account or record referred
to in subsection (3) and every person examined under sub-
section (4) or (5) who refuses to answer any question related to
the affairs and management of the co-operative or any of its
subsidiaries is guilty of an offence under section 1 76 in addition
to any other liability to which he is subject.
(7) The inspector shall deliver the report of his investigation ^J^^l^ ^
to the Minister and the Minister may forward a copy of the Minister
report to the co-operative and any subsidiary of the co-
operative investigated. 1973, c. 101, s. 148.
1 49. Where it appears from the report of an inspector Remedies
made under section 146, 147 or 148 that any of the circum-
1150 Chap. 91 CO-OPERATIVE CORPORATIONS See. 149
stances set out in clause 148 (1) (a), (b), (c) or (d) exist, the Minister
may, notwithstanding any other remedies available,
R.s.o. 1980, (a) apply under clause 208 (d) of the Business Corporations
Act to wind up the co-operative by order of the court;
C. 54
(6) cancel the certificate of incorporation for cause under
section 166;
(c) require, or apply to the court for an order under
section 78 requiring, the directors of the co-operative
to call a general meeting of members ; or
{d) refer the report of the inspector to the Attorney
General. 1973, c. 101, s. 149.
^dm°8sibi 150. A copy of the report of an inspector appointed under
in this Act authenticated by the registrar of the court or in the
Di*oc66diiifirs
case of an investigation under section 147 or 148 by the
inspector is admissible in any legal proceeding and is evidence
of the opinion of the inspector in relation to any matter con-
tained in the report. 1973, c. 101, s. 150.
REORGANIZATION
A mendment of A rticles
Amendments 151. — (1) A co-operative may, from time to time, amend
its articles of incorporation to,
{a) change its name ;
(6) extend, limit or otherwise vary its objects;
(c) increase its authorized capital ;
{d) decrease its authorized capital by cancelling shares
whether issued or unissued or by reducing the par
value of issued or unissued shares ;
{e) increase or decrease the membership fee;
(/) increase or decrease the minimum amount of member
loans ;
{g) redivide its authorized capital into shares of lesser or
greater par value ;
Sec. 151 (4) {b) CO-OPERATIVE CORPORATIONS Chap. 91 1151
(A) redesignate any class of shares ;
(t) reclassify any shares into shares of a different class;
(_;' ) delete or vary any provision in its articles ;
{k) provide for any other matter or thing that is author-
ized by this Act to be set out in the articles or that
could be the subject of a by-law of the co-operative ;
(/) convert it into a co-operative with or without share
capital ;
(m) convert it into a corporation to which the Business Cor- R so.
porations Act applies;
(n) convert it into a corporation to which Part III of the
Corporations Act applies. 1973, c. 101, s. 151 (l);^^,^ ''^•
1978, c. 86, s. 22> (1).
(2) An amendment under subsection (1), except clauses (/), (m) Authoriza-
and (n), shall be authorized by a special resolution. 1978, c. 86,
s. 23> (2).
(3) Subject to section 152, an amendment under clause (1) (/), idem
(m) or («) shall be authorized by a resolution of the board of
directors and confirmed by at least three-quarters of the v^otes cast
at a general meeting of the members of the co-operative duly called
for that purpose. 1978, c. 86, s. 22> (3).
(4) If the amendment is to delete or vary a preference, au^ortzation
right, condition, restriction, limitation or prohibition attaching for
to a class of preference shares or to create preference shares, rights of
ranking in any respect in priority to or on a parity with an SSIA'^"^
existing class of preference shares, then, in addition to the
confirmation required by subsection (2), the resolution is not
effective until it has been confirmed,
(a) by 100 per cent of the holders of the shares of such
class or classes of shares in writing; or
(6) in writing by at least 95 per cent of the holders of
the shares of such class or classes of shares holding
at least 95 per cent of the issued shares of such class
or classes and after twenty-one days notice of the
resolution and confirmation has been given by send-
ing the notice to each of the holders of shares of such
class or classes to his latest address as shown on the
records of the co-operative and only if at the expira-
1152 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. IS 1 (4) (6)
tion of twenty-one days none of the holders of such
class or classes has dissented in writing to the co-
operative; or
(c) if the articles so provide, by at least two-thirds of
the votes cast at a meeting of the holders of such
class or classes of shares duly called for that purpose
or such greater proportion of the votes cast as the
articles provide,
and by such additional authorization as the articles provide.
1973, c. 101, s. 151 (4).
Conversion
of co-
operative to
corporation
R.S.O. 1980,
c. 54
152. — (1) Notwithstanding subsection 151 (3), where a co-
operative is no longer able to conduct its business and affairs on a
co-operative basis by reason of the provisions of an Act of the
Legislature or of the Parliament of Canada, the co-operative may
apply to the Minister for a certificate of amendment converting the
co-operative to a corporation to which the Business Corporations
Act applies and, where necessary for the purpose, changing the
co-operative into a corporation with share capital.
Authoriza-
tion
(2) An application under subsection (1) shall be authorized by
special resolution. 1973, c. 101, s. 152.
Articles of
amendment
163. — (1) For the purpose of bringing an amendment to
the articles into effect, the co-operative shall deliver to the
Minister, within six months after the resolution has become
effective, articles of amendment in duplicate, executed under
the seal of the co-operative and signed by two officers, or by
one director and one officer, of the co-operative and verified
by affidavit of one of the officers or directors signing the
articles of amendment, setting out,
(a) the name of the co-operative;
(b) a certified copy of the resolution;
(c) that the amendment has been duly authorized as
required by subsections 151 (2), (3) and (4); and
{d) the date of the confirmation of the resolution by the
members.
Change
of name
(2) Where the articles of amendment are to change the
name of the co-operative, the articles of amendment shall be
accompanied by evidence that establishes to the satisfaction
of the Minister that the co-operative is not insolvent.
Sec. 155 (2) (6) co-operative corporations Chap. 91 1153
(3) Where the articles of amendment are to decrease the^^J^
authorized capital, the articles of amendment shall be
accompanied by evidence that establishes to the satisfaction
of the Minister that the co-operative is not insolvent and that
the decrease will not render the co-operative insolvent, and,
if required by the Minister, by evidence that establishes to
his satisfaction that no creditors object to the amendment.
(4) Where the articles of amendment are to make any ^['^^
change in the authorized capital, the articles of amendment sheet
shall, if required by the Minister, be accompanied by a
pro forma balance sheet after giving effect to the proposed
change. 1973. c. 101. s. 153.
154. — (1) If the articles of amendment conform to law, ^'^^JJ^e^t'
the Minister shall, when all prescribed fees have been paid.
(a) endorse on each duplicate of the articles of amend-
ment the word "Filed" and the day. month and year
of the filing thereof;
(b) file one of the duplicates in his office ; and
(c) issue to the co-operative or its agent a certificate
of amendment to which he shall affix the other
duplicate.
(2) The amendment becomes effective upon the date set ^^flMite
forth in the certificate of amendment and the articles of
incorporation are amended accordingly. 1973, c. 101, s. 154.
Restatement of Articles
155. — (1) A co-operative may at any time restate its J^^l^i^®"^
articles of incorporation as theretofore amended.
(2) For the purposes of bringing the restated articles into J^JJ^Lment
effect, the co-operative shall deliver to the Minister the restated
articles in duplicate, executed under the seal of the co-operative
and signed by two officers, or by one director and one officer,
of the co-operative and verified by affidavit of one of the
officers or directors signing the restated articles, setting out,
(a) all the provisions that are then set out in the original
articles of incorporation as theretofore amended;
and
(6) a statement that the restated articles correctly set
out without change the corresponding provisions of
the original articles as theretofore amended.
1154
Chap. 91
CO-OPERATIVE CORPORATIONS Scc. 155 (3)
cerwflcateof (3) If the restated articles of incorporation conform to law,
the Minister shall, when all prescribed fees have been paid,
(a) endorse on each duplicate of the restated articles the
word "Filed" and the day, month and year of the
filing thereof;
{b) file one of the duplicates in his office ; and
(c) issue to the co-operative or its agent a restated
certificate of incorporation to which he shall affix
the other duplicate.
(4) The restated articles of incorporation become effective
upon the date set forth in the restated certificate and supersede
the original articles of incorporation and all amendments
thereto.
Where special (5) Where a certificate of restatement is issued to a co-
Act ceases ^ ' . . ■ 1 A 1 • •
to apply operative incorporated by special Act, the co-operative is con-
tinued as if it had been incorporated under this Act and
the special Act ceases to apply to the co-operative. 1973,
c. 101, s. 155.
Effect of
certificate
Amalgama-
tion
Agreement
Amalgamations and Continuations
156. — (1) Any two or more co-operatives may amalgamate
and continue as one co-operative.
(2) The co-operatives proposing to amalgamate shall enter
into an agreement for the amalgamation, prescribing the terms
and conditions of the amalgamation and the mode of carrying
the amalgamation into effect, and, in particular the agree-
ment shall set out, as may be applicable,
(a) the name of the amalgamated co-operative;
{b) the objects of the amalgamated co-operative;
(c) the place in Ontario where the head office of the
amalgamated co-operative is to be located, giving the
municipality and the county or district or, where
the head office is to be located in territory without
municipal organization, the geographic township and
district, and giving the street and number, if any;
(d) the authorized capital of the amalgamated co-opera-
tive, the classes of shares, if any, into which it is to
be divided, the number of shares of each class, and
the par value of each share;
{e) where there are to be preference shares, the designa-
tions, preferences, rights, conditions, restrictions,
Sec. 156 (3) CO-OPERATIVE CORPORATIONS Chap. 91 1155
limitations or prohibitions applying to them or each
class of them;
(/) the restrictions, if any, to be placed on the transfer of
member loans or of its shares or any class thereof of
the amalgamated co-operative;
{g) the authorized loan capital of the amalgamated
co-op)erative ;
(A) the amount of membership fee and the classes of
membership, if any, setting forth the designation of
and the terms and conditions attaching to each class
of membership in the amalgamated co-operative;
{i) the names in full and the residence address, giving
the street and number, if any, of each person who is
to be a first director of the amalgamated co-
operative ;
(j) the time and manner of election of the subsequent
directors of the amalgamated co-operative ;
(k) whether or not the by-laws of the amalgamated
co-operative are to be those of one of the amalgamat-
ing co-operatives and, if not, a copy of the proposed
by-laws of the amalgamated co-operative ;
(/) the manner in which the issued shares of each of the
amalgamating co-operatives are to be converted into
issued shares of the amalgamated co-operative;
(m) the manner of conversion of the loan and share
capital, as the case may be, of the amalgamating
co-of)eratives into the loan and share capital,
as the case may be, of the amalgamated co-operative ;
(n) such other detjuls as may be necessary to perfect the
amalgamation and to provide for the subsequent
management and operation of the amalgamated co-
operative.
(3) Where shares of one of the amalgamating co-operatives ^^ of
are held by or on behalf of another of the amalgamating co- ing co-
operatives, the amalgamation agreement shall provide for the hefdby'*
cancellation of such shares upon the amalgamation becoming "°''^®''
effective without any repayment of capital in respect thereof,
and no provision shall be made in the agreement for the
conversion of such shares into shares of the amalgamated
co-operative.
1156
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 156 (4)
Treatment of (4) The member OF patronage loans, if any, of the amalgamat-
ing co-operatives shall represent liabilities of the amalgamated
co-operative.
patronage
loans
fS«ement' (^) ^" amalgamation agreement is not effective until
approved by a special resolution of each of the amalgamating
co-operatives.
Approval by
preference
shareholders
(6) Where the carrying out of the amalgamation agree-
ment would result in the deletion or variation of a preference,
right, condition, restriction, limitation or prohibition attaching
to a class of issued preference shares of any of the amalgamating
co-operatives or in the creation of preference shares of the amal-
gamated* co-operative ranking in any respect in priority to, or
on a parity with, any existing class of preference shares of any of
the amalgamating co-operatives, the agreement is not effective
until it is approved in the manner provided by subsection IS 1 (4) in
addition to the approval required by subsection (5). 1973, c. 101,
s. 156.
Filing of
articles of
amalgama-
tion
157. — (1) For the purpose of bringing an amalgamation
into effect, the amalgamating co-operatives shall, within six
months after the amalgamation agreement has become effect-
ive, deliver to the Minister articles of amalgamation in
duplicate executed under the seal of each of the amalgamating
co-operatives and signed by two officers, or by one director and
one officer, of each of the amalgamating co-operatives and
verified by affidavit of one of the officers or directors signing
the articles of amalgamation for each amalgamating co-
operative, setting out,
(a) the names of each of the amalgamating co-operatives ;
{b) a certified copy of the amalgamation agreement;
Evidence of
solvency
Issuance of
certificate of
amalgama-
tion
(c) that the agreement has been duly approved as
required by section 156; and
{(i) the dates on which the amalgamation agreement was
approved by the members of each of the amal-
gamating co-operatives.
(2) The articles of amalgamation shall be accompanied by
evidence that establishes to the satisfaction of the Minister
that each of the amalgamating co-operatives is not insolvent
and, if required by the Minister, a pro forma balance sheet
after giving effect to the proposed amalgamation.
(3) If the articles of amalgamation conform to law, the
Minister shall, when all prescribed fees have been paid,
Sec. 158 (2) CO-OPERATIVE CORPORATIONS Chap. 91 1157
(a) endorse on each dupHcate of the articles the word
"Filed" and the day, month and year of the filing
thereof ;
(6) file one of the duplicates in his office ; and
(c) issue to the amalgamated co-operative or its agent a
certificate of amalgamation to which he shall affix
the other duplicate.
(4) Upon the date set forth in the certificate of amalga- ^la^te
mation,
(a) the amalgamation becomes effective and the amal-
gamating co-operatives are amalgamated and con-
tinue as one co-operative under the terms and con-
ditions prescribed in the amalgamation agreement;
(b) the amalgamated co-operative possesses all the prop-
erty, rights, privileges and franchises and is subject
to all liabilities, contracts, disabilities and debts of
each of the amalgamating co-operatives ;
(c) the issued capital of the amalgamated co-operative is,
subject to the decrease provided for in subsection 156 (3),
equal to the aggregate of the issued capital of each of the
amalgamating co-operatives immediately before the
amalgamation becomes effective; and
(d) the articles of incorporation of each of the amalga-
mating co-operatives are amended to the extent
necessary to give effect to the terms and conditions of
the amalgamation agreement. 1973, c. 101, s. 157.
158. — (1) A corporation incorporated under the laws of ^^^j^M-Mon
any jurisdiction other than Ontario may, if it appears to the
Minister to be thereunto authorized by the laws of the jurisdic-
tion in which it was incorporated, apply to the Minister for a
certificate continuing it as if it had been incorporated under this
Act, and the Minister may issue the certificate of continuation
on application supported by such material as appears satis-
factory, and the certificate may be issued on such terms and
subject to such limitations and conditions and contain such
provisions as appear to the Minister to be fit and proper.
(2) Upon the date set forth in a certificate of continuation ^^of^
issued under subsection (1), this Act applies to the corporation
to the same extent as if it had been incorporated under this
Act. 1973, c. 101, s. 158.
1158
Chap. 91
CO-OPERATIVE CORPORATIONS ScC. 159 (1)
Transferor 159. — (1) A co-operative may, if authorized by a special
co-operative resolution, by the Minister and by the laws of any other
jurisdiction, apply to the proper officer of that other
jurisdiction for an instrument of continuation continuing the
co-operative as if it had been incorporated under the laws of that
other jurisdiction.
Notice (2) This Act ceases to apply to the co-operative on and
after the date on which the co-operative is continued under
the laws of the other jurisdiction and the co-operative shall
file with the Minister a copy of the instrument of continuation
certified by the proper officer of the other jurisdiction
authorized to certify such documents.
Application (3) This section applies only in respect of a jurisdiction
that has legislation in force that permits corporations in-
corporated under its laws to apply for an instrument of
continuation under the laws of Ontario. 1973, c. 101, s. 159.
Rights of
creditors
preserved
160. All rights of creditors against the property, rights
and assets of a co-operative amalgamated under section 156
or continued under section 158 and all liens upon its property,
rights and assets are unimpaired by such amalgamation or
continuation, and all debts, contracts, liabilities and duties
of the co-operative thenceforth attach to the amalgamated
or continued co-operative and may be enforced against it.
1973, c. 101. s. 160.
DISSOLUTION
Winding
up
R.S.O. 1980,
c. 54
161. Sections 192 to 237, except clause 222 (1) (a), of the
Business Corporations Act apply, with necessary modifications,
to co-operatives, and for the purpose a reference therein to a
corporation shall be deemed to be a reference to a co-operative and
a reference therein to a shareholder shall be deemed to be a
reference to a member. 1973, c. 101, s. 161.
Distribution 162. — (1) On any distribution of the property of
operative, member loans and patronage returns that ai
a co-
Dlstributlon
of property
upon
dissolution
operative, member loans and patronage returns that are lent
to the co-operative rank after the ordinary debts. 1973,
c. 101, s. 162 (1).
(2) The articles or by-laws of a co-operative may provide
that, upon the dissolution of the co-operative and after the
payment of all debts and liabilities, including any declared
and unpaid dividends and the amount paid up on any
outstanding shares, which amount shall not exceed the par
value thereof, the remaining property of the co-operative
or any part thereof may be distributed or disposed of,
Sec. 164 (1) (6) CO-OPERATIVE CORPORATIONS Chap. 91 1159
(a) ^ually among the members irrespective of the
number of shares or amount of loans, if any, held or
made by a member ;
(6) among the members at the time of dissolution on the
basis of patronage returns accrued to such members
during the five fiscal years immediately preceding
the dissolution or after the date of incorporation ; or
(c) to charitable organizations. 1973, c. 101, s. 162 (2);
1978. c. 86, s. 24 (1).
(3) In the absence of any provisions in the articles or we™
by-laws permitted by subsection (2), upon the dissolution of the
co-operative, the whole of its remaining property shall be
distributed equally among the members irrespective of the
number of shares or amount of loans, if any, held or made
by a member. 1978, c. 86. s. 24 (2).
163. A co-operative may be dissolved upon the authoriza- ^^i^^
tion of,
(a) a majority of the votes cast at a general meeting of
the members of the co-operative duly called for
the purpose or by such other proportion of the votes
cast as the articles provide, but such other pro-
portion shall not be less than 50 per cent of all the
members entitled to vote at the meeting ;
(b) the consent in writing of all the members entitled
to vote at such meeting ; or
(c) all its incorporators or their personal representatives
at any time within two years after the date set
forth in its certificate of incorporation where the co-
operative has not commenced business and has not
issued any shares or received any membership fees
or loans. 1973, c. 101, s. 163.
164. — (1) For the purpose of bringing the dissolution ^rt'^^'es of
1-111 7 /I V • ^1- 1 • dissolution
authorized under clause 163 (a) or (b) into effect, the co-operative where
shall deliver to the Minister articles of dissolution in duplicate, ^ah^"^^*^^^
executed under the seal of the co-operative and signed by two
officers or by one director and one officer of the co-operative and
verified by affidavit of one of the officers or directors signing the
articles of dissolution, setting out,
(a) the name of the co-operative;
(b) that its dissolution has been duly authorized under
clause 163 (a) or (6);
1160 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 164 (1) (c)
(c) that it has no debts, obligations or liabilities or its
debts, obligations or liabilities have been duly pro-
vided for in accordance with subsection (3) or its
creditors or other persons having interests in its
debts, obligations or liabilities consent to its dis-
solution ;
(d) that after satisfying the interests of creditors in all
its debts, obligations and liabilities, if any, it has no
property to distribute among its members or that it
has distributed its remaining property in accordance
with section 162 or in accordance with subsection (4)
where applicable;
(e) that there are no proceedings pending in any court
against it ; and
(/) that it has given notice of its intention to dissolve by
publication once in The Ontario Gazette and once
in a newspaper having general circulation in the place
where it has its principal place of business in Ontario
or, if it does not have a place of business in Ontario,
where it has its head office. 1973, c. 101, s. 164 (1);
1978, c. 86, s. 25.
diMoiution (2) For the purpose of bringing a dissolution authorized under
oTOrative clause 163 (c) into effect, the co-operative shall deliver to the
never active Minister articles of dissolution in duplicate, signed by all its incor- /
porators or their personal representatives and verified by affidavit
of one of them setting out,
{a) the name of the co-operative ;
(6) the date set forth in its certificate of incorporation ;
(c) that the co-operative has not commenced business ;
{d) that none of its shares has been issued ;
{e) that no membership fees or loans have been received ;
(/) that dissolution has been duly authorized under
clause 163 (c);
(g) that it has no debts, obligations or liabilities;
{h) that after satisfying the interests of creditors in all
its debts, obligations and liabilities, if any, it has no
property to distribute or that it has distributed its
remaining property to the persons entitled thereto;]
Sec. 165 (1) (a) co-operative corporations Chap. 91 1161
(t) that there are no proceedings pending in any court
against it ; and
{j) that it has given notice of its intention to dissolve
bv publication once in The Ontario Gazette and once
in a newspaper having general circulation in the
_ place where it has its head office.
(3) Where a co-operative authorizes its dissolution and a where
1- • 1 . • 1 » • , , creditor
creditor is unknown or his whereabouts is unknown, the unknown
co-operative may, by agreement with the Public Trustee, pay
to the Public Trustee an amount equal to the amount of the
debt due to the creditor to be held in trust for the creditor,
and such payment shall be deemed to be due provision for the
debt for the purposes of clause (1) (c).
(4) Where a co-operative authorizes its dissolution and a where
niQiTiDor or
member is unknown or his whereabouts is unknown, it may, shareholder
by agreement with the Public Trustee, deliver or convey "° ^°^^
his share of the property to the Public Trustee to be held in
trust for him, and such delivery or conveyance shall be
deemed to be a distribution to that member for the" purposes
of the dissolution.
(5) If the property delivered or conveyed to the Public Power^to
Trustee under subsection (4) is in a form other than cash, the
Public Trustee may at any time, and within ten years after
such delivery or conveyance shall, convert it into cash.
(6) If the amount paid under subsection (3) or the property ^person
delivered or conveyed under subsection (4) or its equivalent in eo"*^^®*
cash, as the case may be, is claimed by the person beneficially
entitled thereto within ten years after it was so delivered, con-
veyed or paid, it shall be delivered, conveyed or paid to him,
but, if not so claimed, it vests in the Public Trustee for the
use of Ontario, and, if the person beneficially entitled thereto
at any time thereafter establishes his right thereto to the
satisfaction of the Lieutenant Governor in Council, an amount
equal to the amount so vested in the Public Trustee shall
be paid to him. 1973, c. 101, s. 164 (2-6).
165.— (1) If the articles of dissolution conform to law, certificate of
the Minister shall, when all prescribed fees have been paid
and all taxes payable by the co-operative to the Treasurer of
Ontario have been paid,
(a) endorse on each duplicate of the articles of dissolu-
tion the word "Filed" and the day, month and year
of the filing thereof ;
1162 Chap. 91 CO-OPERATIVE CORPORATIONS Sec. 165 (1) 0)
(b) file one of the duplicates in his office ; and
(c) issue to the co-operative or its agent a certificate of
dissolution to which he shall affix the other duplicate.
Effect of (2) The dissolution becomes effective and the co-operative
cortiincftt^G
is dissolved upon the date set forth in the certificate of
dissolution. 1973, c. 101, s. 165.
Cancellation
of certificate,
etc., by
Minister
166. Where sufficient cause is shown to the Minister, he
may, after he has given the co-operative an opportunity to be
heard, by order, upon such terms and conditions as he thinks
fit, cancel a certificate of incorporation or any certificate
issued by him under this Act, and,
{a) in the case of the cancellation of a certificate of
incorporation, the co-operative is dissolved on the
date fixed in the order ;
{b) in the case of the cancellation of any other certificate,
the matter that became effective upon the issuance
of the certificate ceases to be in effect from the date
fixed in the order. 1973, c. 101, s. 166.
167. — (1) Where a co-operative is in default in filing an
annual return or financial statement for a period of two years,
the Minister may give notice, by registered mail to the co-
operative or by publication once in The Ontario Gazette, that an
order dissolving the co-operative will be issued unless the
co-operative files the annual return or financial statement
within one year after the giving of the notice.
for^defauit" (^) Upon default in compliance with the notice given under
subsection (1), the Minister may by order cancel the certificate of
incorporation and, subject to subsection (3), the co-operative is
dissolved on the date fixed in the order.
Notice of
dissolution
Revival
(3) Where a co-operative is dissolved under subsection (2),
the Minister, on the application of any interested person immedi-
ately before the dissolution, made within two years after the
date of dissolution, may in his discretion by order, on such
terms and conditions as he sees fit to impose, revive the co-
operative, and thereupon the co-operative, subject to the
terms and conditions of the order and to any rights acquired
by any person after its dissolution, is restored to its legal
position, including all its property, rights, privileges and
franchises, and is subject to all its liabilities, contracts, dis-
abilities and debts, as at the date of its dissolution, in the
same manner and to the same extent as if it had not been
dissolved. 1973, c. 101, s. 167.
Sec. 171 CO-OPERATIVE CORPORATIONS Chap. 91 1163
168. — (1) Notwithstanding the dissolution of a co-operative f."*^*f^r
J i.- i^c 1/:/: liH-T dissolution
under section 165, loo or 167,
(a) any action, suit or other proceeding commenced by
or against the co-operative before its dissolution may
be proceeded with as if the co-operative had not been
dissolved ;
(6) any action, suit or other proceeding may be brought
against the co-operative within two years after its
dissolution as if the co-operative had not been dis-
solved ; and
(c) any property that would have been available to
satisfy any judgment, order or other decision if the
co-operative had not been dissolved remains available
for such purpose.
(2) For the purposes of this section, the service of any ff^j^ution*'^
process on a co-operative after its dissolution shall be deemed
to be sufficiently made if it is made upon any person last
shown on the records of the Ministry as being a director
or officer of the co-operative before the dissolution. 1973,
c. 101, s. 168.
169. — (1) Notwithstanding the dissolution of a co-operative, memberato
each of the members among whom its property has been creditors
distributed remains liable to its creditors to the extent of the
amount received by him upon the distribution, and an action
in a court of competent jurisdiction to enforce such liability
may be brought against him within two years from the date
of the dissolution and not thereafter.
(2) Where there are numerous members, the court referred ^al^tone
to in subsection (1) may permit an action to be brought against members
one or more members as representatives of the class and, class
if the plaintiff establishes his claim as creditor, may make
an order of reference and add as parties in the referee's
office all such members as are found, and the referee shall
determine the amount that each should contribute towards
the plaintiff's claim and may direct payment of the sums so
determined. 1973, c. 101, s. 169.
170. Subject to section 168, any real or personal property Forfeiture of
of a co-operative that has not been disposed of at the date of property
its dissolution is forfeit to the Crown. 1973, c. 101, s. 170.
171. At the same time as a co-operative is required to ^^^^
file its financial statements with the Minister under subsec-
tion 141 (2), the co-operative shall also file an annual return in
such form as the regulations prescribe. 1973, c. 101, s. 171.
1164
Chap. 91
CO-OPERATIVE CORPORATIONS ScC, 172 (1)
GENERAL
directors and 172. — (1) Subject to the articles OF by-lawsof a co-operative,
members
(a) a notice or other document required to be given or
sent by a co-operative to a member or director may
be delivered personally or sent by prepaid mail
addressed to the member or director at his latest
address as shown on the records of the co-operative ;
and
(6) a notice or other document sent by mail by a co-
operative to a member or director shall be deemed
to be given or sent at the time when it would be
delivered in the ordinary course of mail.
Undelivered (2) Where notices or other documents required by this
Act, the articles or by-laws to be given or sent by a co-operative
to a member have been mailed to the member at his latest
address as shown on the records of the co-operative and
where, on three consecutive occasions, notices or other docu-
ments have been returned by the Post Office to the co-operative,
the co-operative is not required to mail to the member any
further notices or other documents until such time as the
co-operative receives written notice from the member request-
ing that notices and other documents be sent to the member
at a specified address.
co°-oMrative ^^^ Except where otherwise provided in this Act, a notice
or document required to be given or sent to a co-operative
may be sent to the co-operative by prepaid mail at its head
office as shown on the records of the Ministry and shall
be deemed to be given or sent at the time when it would-be
delivered in the ordinary course of mail.
noMce^and ^^^ Where a notice is required by this Act fo be given to
abridgement any person, the giving of the notice may be waived or the
time for the notice may be waived or abridged with the
consent in writing of such person, whether before or after
the time prescribed. 1973, c. 101, s. 172.
Oflfence,
false
statement
173. — (1) Every person who makes or assists in making
a statement in any document required by or for the purposes
of this Act or the regulations that, at the time and in the
light of the circumstances under which it was made, is false
or misleading in respect of any material fact or that omits to
state any material fact the omission of which makes the state-
ment false or misleading is guilty of an offence and on conviction is
liable to a fine of not more than $2,000 or to imprisonment for a
term of not more than one year, or to both.
Sec. 178 CO-OPERATIVE CORPORATIONS Chap. 91 1165
(2) No person is guilty of an offence under subsection (1) if Defence
he did not know that the statement was false or misleading
and in the exercise of reasonable diligence could not have
known that the statement was false or misleading. 1973,
c. 101. s. 173.
174. — (1) Every person who fails to file with the Minister 2Si^'
any document required by this Act to be filed with him is^ofiie
guilty of an offence and on conviction is liable to a fine of not more
than $2 ,000 or, if such person is a corporation, to a fine of not more
than S20,000.
(2) Where a corporation is guilty of an offence under wem
subsection (1), every director or officer thereof who authorized,
permitted or acquiesced in such offence is also guilty of an
offence and on conviction is liable to a fine of not more than
$2,000. 1973, c. 101, s. 174.
175. No proceeding under section 173 or 174 shall be'^o"®®^'
commenced except with the consent or under the direction of
the Minister. 1973, c. 101, s. 175.
176. — (1) Except where otherwise provided, every person °|^°^'
who commits an act contrary to or fails or neglects to comply
with any provision of this Act or the regulations is guilty of
an offence and on conviction is liable to a fine of not more than
$1,000 or, if such person is a corporation, to a fine of not more than
$10,000.
(2) Where a corporation is guilty of an offence under subsection wem
(1), every director or officer thereof who authorized, permitted or
acquiesced in the offence is also guilty of an offence and on
conviction is liable to a fine of not more than $1,000. 1973, c.
101, s. 176.
177. — (1) No proceeding under section 173 or 174 or under Limitation
section 176 for a contravention of section 118 shall be com-
menced more than one year after the facts upon which the
proceedings are based first came to the knowledge of the
Minister as certified by him.
(2) Subject to subsection (1), no proceeding for an offence wem
under this Act or the regulations shall be commenced more
than one year after the time when the subject-matter of the
offence arose. 1973, c. 101, s. 177.
178. Where a co-operative or a director, officer or employee °^®^if2nce
of a co-operative does not comply with any provision of this
Act or the articles or the by-laws of the co-operative, the
Minister or a member or a creditor of the co-operative, not-
1166
Chap. 91
CO-OPERATIVE CORPORATIONS
Sec. 178
Proof by
affidavit
Oaths at
hearings
withstanding the imposition of any penalty in respect of such
non-compliance and in addition to any other rights he may
have, may apply to the court for an order directing the co-
operative, director, officer or employee, as the case may be,
to comply with such provision, and upon such an application
the court may make such order or such other order as the
court thinks fit. 1973, c. 101, s. 178.
179. — (1) The Minister may require any fact relevant to
the performance of his duties under this Act or the regulations
to be verified by affidavit or otherwise.
(2) For the purpose of holding a hearing under this Act,
the Minister may administer oaths to witnesses and require
them to give evidence under oath. 1973, c. 101, s. 179.
fnStices°" 180. The Minister shall cause notice to be published forth-
iS.^'ie. with in The Ontario Gazette,
Ontario
Gazette
(a) of the issue of every certificate under section 6, 9,
154, 155. 157, 158 or 165;
{b) of the issue of every order under section 118, 166 or
167;
R.S.O. 1980,
c. 54
(c) of the filing of a certified copy of an order under subsec-
tion 206 (6) or subsection 219 (2) of the Business Cor-
porations Act;
(d) of the filing of a notice by a liquidator under subsec-
tion 206 (2) of the Business Corporations Act. 1973,
c. 101, s. 180.
Searches
181. — (1) Upon payment of the prescribed fee, any person
is entitled to examine any document filed with or issued by
the Minister under this Act, and to make extracts therefrom.
Certifications
by Minister
(2) Upon payment of the prescribed fee, the Minister shall
furnish any person with a certificate as to whether or not a
document has been filed with or issued by him under this Act
or any predecessor thereof or with a certified copy of any
such document. 1973, c. 101, s. 181.
Execution of 182. — (1) Where this Act requires or authorizes the Minister
certificates . .^ r t i r ini
ofMinister to issue a certificate or certify any fact, the certificate shall be
issued under the seal of the Minister and shall be signed by him
or by such officer of the Ministry as is designated by the
regulations.
SeSdence^ (2) Any certificate purporting to be under the seal of the
Minister and signed by a person authorized by or under
Sec. 184 (4) CO-OPERATIVE CORPORATIONS Chap. 91 1167
subsection (1), or any certified copy, is receivable in evidence
in any action, prosecution or other proceeding as prima facie
proof of the facts so certified without proof of the seal or of
the signature or the official position of the person app)earing
to have signed the certificate. 1973, c. 101, s. 182.
183. — ^(1) Where the Minister refuses to file any articles or Notice of
any other document required by this Act to be filed by him tome
before it becomes effective, he shall give written notice to the
person who delivered the articles or other document of his
refusal, sp)ecifying the reasons therefor.
(2) Where, within six months after the delivery to the Failure to
Minister of articles or other document referred to in sub- refusal
section (1), the Minister has not filed or refused to file such
articles or other document, he shall be deemed for the purposes
of section 184 to have refused to file it. 1973, c. 101, s. 183.
184. — (1) Any person who feels aggrieved by a decision of M?^*ter"""
the Minister to,
(a) refuse to file articles or any other document or to
issue any certificate required by this Act to be filed
or issued ;
(6) issue or refuse to issue ia certificate of amendment
under subsection 9 (2), (3) or (4);
(c) issue a certificate of amendment under section 143,
144 or 152;
{d ) issue an order under section 166,
may appeal the decision to the Divisional Court.
(2) The Minister shall certify to the Registrar of the ^"^^^j.
Supreme Court,
{a) the decision of the Minister, together with a state-
ment of the reasons therefor ;
(6 ) the record of any hearing ; and
(c) all written submissions to the Minister or other
material that is relevant to the apjjeal.
(3) The Minister is entitled to be heard, by counsel or ^p"**»°^
otherwise, upon the argument of an appeal under this section.
(4) Where an appeal is taken under this section, the Divi- 2Srt°'
sional Court mav bv its order direct the Minister to make such
1168
Chap. 91
CO-OPERATIVE CORPORATIONS SeC. 184 (4)
decision or to do such other act as the Minister is authorized
and empowered to do under this Act and as the court thinks
proper, having regard to the material and submissions before
it and to this Act, and the Minister shall make such decision
or do such act accordingly.
Minister
may make
further
decision
(5) Notwithstanding an order of the Divisional Court, the
Minister has power to make any further decision upon new mat-
erial or where there is a material change in the circumstances, and
every such decision is subject to this section. 1973, c. 101, s. 184.
Appeal ^^ 185. An appeal lies to the Court of Appeal from any
order made by the court under this Act. 1973, c. 101, s. 185.
Regulations 186. The Lieutenant Governor in Council may make
regulations respecting any matter that he considers necessary
relating to the incorporation, conduct and dissolution of co-
operatives including, without limiting the generality of the
foregoing, regulations,
{a) respecting names, objects, authorized capital, the
form and contents of offering statements, membership,
the designations, preferences, rights, conditions,
restrictions, limitations or prohibitions attaching
to shares or classes of shares or any other matter
pertaining to articles or the filing thereof ;
v
{b) requfring the payment of fees for any matter that
the Minister is required or authorized to do under
this Act, and prescribing the amounts thereof;
(c) prescribing any matter required by this Act to be
prescribed by the regulations ;
id) designating officers of the Ministry for the purposes of
paragraph 4 of subsection 1 (1) and section 182. 1973,
c. 101, s. 186.
Sec. 2 (2) CO-OPERATIVE LOANS Chap. 92 1169
CHAPTER 92
Go- operative Loans Act
1. In this Act, interpre-
tation
(a) "Board" means The Co-operative Loans Board of
Ontario ;
(jb) "co-operative association" means a co-operative cor-
poration of producers of farm products to which the
Co-operative Corporations Act appUes and which was*^^^ ^^*°'
incorporated for the purpose of grading, cleaning,
packing, storing, drying, processing or marketing farm
products;
(c) "farm products" includes animals, meats, eggs,
poultry, wool, dairy products, grains, seeds, fruit,
fruit products, vegetables, vegetable products, maple
products, honey, tobacco and such articles of food
or drink manufactured or derived in whole or in
part from any such product and such other natural
products of agriculture as are designated by the
regulations ;
(d) "Minister" means the Minister of Agriculture and
Food;
(e) "regulations" means the regulations made under
this Act;
(/) "Treasurer" means the Treasurer of Ontario and Minis-
ter of Economics. R.S.O. 1970, c. 86, s. 1; 1972, c. 3,
s. 17 (1); 1973, c. 104, s. 1 (2).
2. — (1) The Co-operative Loans Board of Ontario, a soard^^^^
corporation without share capital that was constituted
on behalf of Her Majesty in right of Ontario by The Co-i^^'^-^i
operative Loans Act, 1956, is continued.
(2) The Board shall be composed of such three persons in composition
the public service of Ontario as the Lieutenant Governor in
Council appoints.
1170
Chap. 92 CO-OPERATIVE LOANS Sec. 2 (3)
(3) The Lieutenant Governor in Council may designate
le of the
the Board.
Chairman.
chairman one of the members as chairman and one as vice-chairman of
Vacancies
(4) The Lieutenant Governor in Council may from time to
time fill any vacancy in the membership of the Board.
Quorum
Staff
(5) A majority of the members of the Board constitutes a
quorum.
(6) The staf? of the Board may consist of a secretary and
such other officers and servants as are appointed from time
R.s.o. 1980, to time under the Public Service Act for the purposes of the Board.
c. 418
Assistance
(7) In the administration of its affairs the Board may be
assisted by such persons in the public service of Ontario as
the Treasurer assigns for the purpose.
By-laws (g) Subject to the approval of the Lieutenant Governor in
Council, the Board may make by-laws for the conduct of its
affairs.
Annual
report
(9) The Board shall make a report annually to the Minister
of all loans made during the previous year and of such other
matters relating to the work of the Board as the Minister
requires. R.S.O. 1970, c. 86, s. 2 (1-9).
Idem
(10) The Minister shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before
the Assembly if it is in session or, if not, at the next ensuing
session. 1972, c. 1, s. 6.
Conditions 3. No loan shall be made to a co-operative association
of loan ^
unless an agreement is entered into by the co-operative
association and the Minister in the form prescribed in the
regulations providing such limitations and conditions as will
ensure that the control of the management and operation
of the co-operative association will remain in the producers
until the loan is repaid. R.S.O. 1970, c. 86, s. 3.
Power to
make loans
4. — (1) The Lieutenant Governor in Council may make a
loan to any co-operative association to enable it to carry out
its objects to an amount not exceeding 50 per cent of the
value of the real property of the co-operative association on
which the loan is to be made, but in no case shall a loan be
made that would result in the co-operative association's total
indebtedness under this Act exceeding $100,000.
Sec. 7 (1) CO-OPERATIVE LOANS Chap. 92 1171
(2) A loan shall be made to a co-of)erative association only Application
on its application to the Board in the form prescribed in the
regulations. R.S.O. 1970, c. 86, s. 4.
5. — (1) Every loan shall be secured by a first mortgage on f^fr^j^n^
the real property of the co-operative association made in
favour of the Treasurer in accordance with the Short Forms of R so. i98o,
c 474
Mortgages Act.
(2) Every mortgage may contain such covenants, provisos Rights and
and conditions as the Treasurer considers proper, and the T^^^urer
Treasurer has and may exercise all the rights, powers and
remedies with respect to any mortgage made under this Act
that a mortgagee has and may exercise under the laws of
Ontario.
(3) All notices, mortgages, discharges and other docu- ^f''^P*^^^°°g
ments that may be made under this Act, except an agreement
made with the Minister, shall be prepared by a person
designated by the Treasurer.
(4) In addition to the security required by subsection (1), ^*^'^^*j\°°*^
every loan may be further secured at the time the loan is
made by a chattel mortgage to the Treasurer on such chattels
of the co-operative association as the Board determines.
R.S.O. 1970, c. 86, s. 5.
6. — (1) Where a co-operative association sells its interest in ofmortglge
lands that are subject to a mortgage under this Act to any o° sale
person, all moneys owing respecting such mortgage both as to
principal and interest to the date of the sale thereupon become
due and payable unless the Minister approves the assumption
of the mortgage by the purchaser, and such approval may be
on such terms and conditions as the Minister determines.
(2) Where the assumption of a mortgage is approved under ^^e^es re
subsection (1), the Treasurer may make such releases and dis- mortgagor
charges as he considers proper respecting the liabilities of the
co-operative association that sold its interest in the lands.
(3) An approval of the assumption of a mortgage under subsec- ^sumel*
tion (1) shall be deemed not to be the making of a loan to the ^^/°°''®**®
purchaser for the purposes of section 4. R.S.O. 1970, c. 86, s. 6. ^^j^^^^
7. — (1) The rate of interest payable on a loan under this|^^°^(.
Act shall be determined by the Lieutenant Governor in
Council at the time the loan is made.
1172
Chap. 92
CO-OPERATIVE LOANS
Sec. 7 (2)
Repayment (2) Repayment of a loan shall be commenced not later than
one year from the date of the making of the loan and the terms of
repayment shall provide that at least 50 per cent of the
principal will be repaid within ten years and that the remaining
50 per cent will be repaid within twenty years from such
date, and every agreement shall contain provisions to ensure
such repayment.
AcceieraUon (3) Subject to subscction (2), any part of the principal out-
standing may be repaid at any time at the option of the co-opera-
tive association. R.S.O. 1970, c. 86, s. 7.
Returns
8. Every co-operative association that has a loan under
this Act shall make such annual or other reports, returns
and statements to the Board as the regulations prescribe.
R.S.O. 1970, c. 86, s. 8.
Notice of
meeting
9. Every co-operative association that has a loan under
this Act shall by notice, given to the Board in the same manner
as notice of meetings is given to its members or shareholders,
inform the Board of the time and place of every meeting of
its members or shareholders and the Board or its representative
may attend any such meeting. R.S.O. 1970, c. 86, s. 9.
Board may
require
meeting
10. If required by the Board, the board of directors of a
co-operative association that has a loan under this Act shall
call a meeting of its directors or members or shareholders at
such time and place as the Board directs for the purpose of
inquiring into its affairs. R.S.O. 1970, c. 86, s. 10.
Inspection of
booKs, etc.
R.S.O. 1980,
C. 411
11. — (1) The Treasurer may appoint a person to inspect the
books, accounts and property and to inquire into the affairs
of any co-operative association that has a loan under this Act
and a person so appointed has for the purpose of the inspection
and inquiry the powers of a commission under Part II of
the Public Inquiries Act, which Part applies to the inspection or
inquiry as if it were an inquiry under that Act. 1971, c. 50, s. 24.
Idem
(2) The Board may inspect the property of any co-operative
association that has a loan under this Act and may order such
alterations or repairs to be made to such property for the
purpose of better securing the loan. R.S.O. 1970, c. 86, s. 1 1 (2) .
Extension
of Act
12. The Lieutenant Governor in Council may extend the
application of this Act to any corporation for the purpose of
enabling it to provide cold storage facilities for the producers
of farm products if more than 50 per cent of the issued shares
of its capital stock is held by producers of farm products, and
Sec. 15 (1) CO-OPERATIVE LOANS Chap. 92 1173
in any such case the corporation shall be deemed to be a
co-operative association for the purposes of this Act. R.S.O.
1970, c. 86. s. 12.
13. Where a co-operative association that has erected aEnension
building or other structure on lands owned by a railway
company and entered into a lease of the lands for a term of at
least twenty years applies to the Board for,
(a) a loan, and the amount of the loan applied for is more
than 50 per cent of the value of the real property of
the co-operative association ; or
{b) a guarantee of loan,
the Lieutenant Governor in Council may extend the application
of this Act to the co-operative association on such terms as
he considers proper, and in any such case the lease shall be
deemed to be real property for the purposes of this Act.
R.S.O. 1970, c. 86, s. 13.
14. The Lieutenant Governor in Council may extend the^'**'"
application of this Act to The Ontario Flue-Cured Tobacco
Growers' Marketing Board, established under the Farm R so. i980,
Products Marketing Act, for the purpose of enabling it to carry
out the purposes of the plan under which it was established,
and, notwithstanding section 5, the security for any loan to, or
guarantee of any bank loan on behalf of, The Ontario Flue-
Cured Tobacco Growers' Marketing Board may be other than
by a first mortgage on the real property of The Ontario Flue-
Cured Tobacco Growers' Marketing Board. R.S.O. 1970,
c. 86, s. 14.
15. — (1) The Lieutenant Governor in Council may upon Guarantee
such terms as he considers proper agree to guarantee and may
guarantee the payment of any loan and the interest thereon
made to a co-operative association, and the forrn and manner
of the guarantee shall be such as the Lieutenant Governor in
Council approves, and the guarantee shall be signed by the
Treasurer or such other officer or officers as are designated
by the Lieutenant Governor in Council, and, upon being so
signed, the Province of Ontario is liable for the payment of the
loan and interest thereon guaranteed according to the terms of
the guarantee, and the Lieutenant Governor in Council may
make arrangements for supplying the money necessary to ful-
fill the requirements of any guarantee and to advance the
amount necessary for that purpose out of the public funds
of the Province of Ontario and any guarantee so signed is
conclusive evidence that the terms of this section have been
complied with.
1174 Chap. 92 CO-OPERATIVE LOANS See. 15 (2)
Application (2) Sections 3, 5, 8, 9, 10 and 11 relating to loans apply with
s-iT ^^ necessary modifications to guarantees made under this sec-
tion. R.S.O. 1970, c. 86, s. 15.
P'^sand 1^' Every subsisting loan and guarantee of bank loan
guarantees made Under a predecessor of this Act shall be deemed to have
been made under this Act. R.S.O. 1970, c. 86, s. 16.
Regulations j 7 ^ f^e Lieutenant Governor in Council may make regula-
tions,
(a) designating any article of food or drink manufactured
or derived in whole or in part from a farm product
and any natural product of agriculture to be a farm
product ;
(6) prescribing the annual or other reports, returns and
statements that co-operative associations that have
loans under this Act shall make to the Board;
(c) prescribing forms and providing for their use ;
{d) respecting any matter necessary or advisable to carry
out effectively the intent and purpose of this Act.
R.S.O. 1970, c. 86, s. 17.
Sec. 3 (4) CORONERS Chap. 93 1175
CHAPTER 93
Coroners Act
1 . In this Act, interpre-
tation
(a) "Chief Coroner" means the Chief Coroner for Ontario;
(b) "mine" means a mine as defined in the Occupational R so. i98o,
Health and Safety Act;
(c) "mining plant" means a mining plant as defined in the
Occupational Health and Safety Act;
id) "Minister" means the Solicitor General. 1972, c. 98,
s. 1; 1978, c. 38, s. 1.
2. — (1) In so far as it is within the jurisdiction of the ^®p^Jj °fj^^
Legislature, the common law as it relates to the functions, functions
powers and duties of coroners within Ontario is repealed.
(2) The powers conferred on a coroner to conduct an inquest not
1^ Ti 1 , -1 criminal
inquest shall not be construed as creating a criminal court court of
of record. 1972, c. 98. s. 2. '■^''°"*
3. — (1) The Lieutenant Governor in Council mav appoint one Appointment
, ,, ,.<-., 1-1 • • 1 " r of coroners
or more legally qualified medical practitioners to be coroners for
Ontario who, subject to subsections (2), (3) and (4), shall hold
office during pleasure. 1972, c. 98, s. 3 (1); 1974, c. 103, s. 1 (1).
(2) A coroner ceases to hold office. Tenure
{a) upon attaining the age of seventy years ; or
(b) upon the revocation, suspension or cancellation of his
licence for the practice of medicine issued under the
Health Disciplines Act. 1972, c. 98, s. 3 (2); 1978, RSO. i980,
^ c. 196
c. 38, s. 2 (1).
(3) The College of Physicians and Surgeons of Ontario ^^roner
shall forthwith notify the Chief Coroner where the Hcence ^o^g^^j
of a coroner for the practice of medicine is revoked, sus-
pended or cancelled. 1978, c. 38, s. 2 (2).
(4) A coroner may resign his office in writing. Resignation
1176
Chap. 93
CORONERS
Sec. 3 (S)
Residential (5) jhg Lieutenant Governor in Council may by regulation
establish areas of Ontario and the appointment and continua-
tion in office of a coroner is subject to the condition that he is
ordinarily resident in the area named in the appointment .
Appoint-
ments to
be flled
Appoint-
ments under
R.S.O. 1970,
c. 87.
continued
(6) A certified copy of the order appointing a coroner shall
be sent by the Minister to the clerk of the peace of the
county or district in which the coroner is to act, and shall be
filed by him in his office.
(7) All persons holding appointments as coroners under
The Coroners Act, being chapter 87 of the Revised Statutes
of Ontario, 1970, shall be deemed to have been appointed in
accordance with the provisions of this Act. 1972, c. 98,
s. 3 (4-7).
Chief
Coroner
and duties
Deputy Chief
Coroner
4. — (1) The Lieutenant Governor in Council may appoint
a coroner to be Chief Coroner for Ontario who shall,
(a) administer this Act and the regulations ;
[h] supervise, direct and control all coroners in Ontario
in the performance of their duties ;
(c) conduct programs for the instruction of coroners
in their duties ;
[d) bring the findings and recommendations of coroners*
juries to the attention of appropriate persons, agencies
and ministries of government ;
{e) prepare, publish and distribute a code of ethics for
the guidance of coroners ;
(/) perform such other duties as are assigned to him
by or under this or any other Act or by the regulations
or by the Lieutenant Governor in Council. 1972,
C.98.S. 4.
(2) The Lieutenant Governor in Council may appoint a
coroner to be Deputy Chief Coroner for Ontario who shall
act as and have all the powers and authority of the Chief
Coroner during the absence of the Chief Coroner or his
inability to act. 1974, c. 103, s. 2.
Regional
coroners
5. — (1) The Lieutenant Governor in Council may appoint
a coroner as a regional coroner for such region of Ontario as is
described in the appointment.
Duties
(2) A regional coroner shall assist the Chief Coroner in the
performance of his duties in the region and shall perform such
Sec. 8 CORONERS Chap. 93 1177
other duties as are assigned to him by the Chief Coroner.
1972, c. 98. s. 5.
6. — (1) There shall be a Coroners' Council composed of g°^°°fp'
the Chief Judge of the County and District Courts and not
more than four other persons appointed by the Lieutenant
Governor in Council, of whom at least one shall be a legally
qualified medical practitioner.
(2) Such officers and employees of the Coroners' Council as are staff
considered necessary shall be appointed under the Public Service R so. i98o,
Act.
(3) A majority of the members of the Coroners' Council Quo™™
constitutes a quorum and is sufficient for the exercise of all
the jurisdiction and powers of the Coroners' Council. 1972,
c. 98.S. 6.
7. — (1) The functions of the Coroners' Council are, Functions
^ ' 'of Council
(a) to review and recommend to the Minister the
termination of the appointments of coroners who
are not actively performing the duties. of coroners;
(b) to receive complaints respecting the misbehaviour or
incompetence of or neglect of duty by coroners or the
inability of coroners to perform their duties ; and
(c) to take such action to investigate complaints as it
considers advisable including the review thereof
with the coroner where appropriate, and, after giving
the coroner an opportunity to be heard, to make
such recommendations to the Minister with respect
thereto as it sees fit.
(2) For the purposes of an investigation under this section, po*®"
the Coroners' Council has the powers of a commission under
Part II of the Public Inquiries Act, which Part applies to the^ s.^ i'*o,
investigation as if it were an inquiry under that Act.
(3) No action or other proceeding for damages shall be^^J^"°°
instituted against the Coroners' Council or any member or"*''"**'y
officer thereof or any person acting under its authority
for any act done in good faith in the execution or intended
execution of its or his duty. 1972, c. 98, s. 7.
8. Subject to subsection 15 (1), a provincial judge in a provi- Authority
sional judicial district may perform any of the duties and exercise to act as
any of the powers of a coroner in the district in the absence of a *^**™"*'"
coroner. 1972, c. 98, s. 8.
1178 Chap. 93 CORONERS Sec. 9(1)
Police J). — (1) The police force having jurisdiction in a munici-
pahty shall make available to the coroner the assistance of
such police officers as are necessary for the purpose of carry-
ing out his duties. 1974, c. 103, s. 3.
Mem (2) The Chief Coroner in any case he considers appro-
priate may request that the criminal investigation branch of
the Ontario Provincial Police Force provide assistance to a
coroner in an investigation or inquest. 1978, c. 38, s. 3.
Duty to j()^ — (1) Every person who has reason to believe that a
information deceased person died,
{a) as a result of,
(i) violence,
(ii) misadventure,
(iii) negligence,
(iv) misconduct, or
(v) malpractice;
{b) by unfair means ;
(c) during pregnancy or following pregnancy in cir-
cumstances that might reasonably be attributable
thereto ;
{d) suddenly and unexpectedly ;
(e) from disease or sickness for which he was not
treated by a legally qualified medical practitioner;
if) from any cause other than disease ; or
[g) under such circumstances as may require investigation,
shall immediately notify a coroner or a police officer of the
facts and circumstances relating to the death, and where a
police officer is notified he shall in turn immediately notify
the coroner of such facts and circumstances. 1972, c. 98,
s. 9(1).
be reported (2) Where a person dies while resident or an in-patient in,
a charitable inst
Institutions Act;
R.s^o. 1980, (q) a charitable institution as defined in the Charitable
C. 64
Sec. 10 (4) CORONERS Chap. 93 1179
ib) a children's residence as defined in the Children's Resi- R so. i980,
c. 71
dential Services Act;
(r) a children's institution as defined in the Children's R s o i980,
Institutions Act;
(d) ahome for the agedtowhichtheHomesfor the Aged and ^^^ i^^o.
Rest Homes Act applies;
(e) a home for retarded persons as defined in the Homes for ^f^ •'*°'
Retarded Persons Act;
if) a psychiatric facility designated under the Mental R s.o. i98o,
Health Act;
(g) an institution under the Mental Hospitals Act; R.s.o. i980,
(//) anursinghome to which the xVMr5i;ig//ome5^c/ applies; R so. i980,
(i) a children's mental health centre under the Children's R so. i98o,
c 69
Mental Health Services Act;
(7) a public or private hospital to which the person was
transferred from a facility, institution or home referred
to in clauses (a) to (i),
the person in charge of the hospital, facility, institution, residence
or home shall immediately give notice of the death to a coroner,
and the coroner shall investigate the circumstances of the death
and, if as a result of the investigation he is of the opinion that an
inquest ought to be held, he shall issue his warrant and hold an
inquest upon the body. 1972, c. 98, s. 9(2); 1978, c. 38, s. 4(1, 2).
(3) Where a person dies while he is, premises "^
(a) a patient of a psychiatric facility ;
(6) committed to a correctional institution ; or
(c) a ward of a training school,
but while not on the premises or in actual custody thereof, subsec-
tions (1) and (2) apply as if the person were a resident of an
institution named therein.
(4) Where a person dies while detained by or in the actual custody *"
custody of a peace officer or v/hile an inmate on the premises of
a correctional institution, lock-up or training school, the peace
1180
Chap. 93
CORONERS
Sec. 10(4)
officer or officer in charge of the institution, lock-up or training
school, as the case may be, shall immediately give notice
of the death to a coroner and the coroner shall issue his warrant
to hold an inquest upon the body. 1972, c. 98, s. 9 (3, 4).
Notice of
death result-
ing from
accident
at or In
construction
project,
mining
plant or
mine
(5) Where a worker dies as a result of an accident occurring
in the course of his employment at or in a construction
project, mining plant or mine, including a pit or quarry, the
person in charge of such project, mining plant or mine shall
immediately give notice of the death to a coroner and the
coroner shall issue his warrant to hold an inquest upon the
body. 1978, c. 38, s. 4 (3).
Certificate
as evidence
(6) A statement as to the notification or non-notification
of a coroner under this section, purporting to be certified
by the coroner is without proof of the appointment or
signature of the coroner, receivable in evidence as prima facie
proof of the facts stated therein for all purposes in any action,
proceeding or prosecution. 1972, c. 98, s. 9 (5).
Interference
with body
1 1 . No person who has reason to believe that a person
died in any of the circumstances mentioned in section 10 shall
interfere with or alter the body or its condition in any way
until the coroner so directs by his warrant. 1972, c. 98, s. 10;
1974, c. 103, s. 4.
Power of
coroner to
take charge
of wreckage
12. — (1) Where a coroner has issued his warrant to take
possession of the body of a person who has met death by
violence in a wreck, the coroner may, with the approval of
the Chief Coroner, take charge of the wreckage and place
one or more police officers in charge of it so as to prevent
persons from disturbing it until the jury at the inquest has
viewed it, or the coroner has made such examination as he
considers necessary. 1972, c. 98, s. 11 (1); 1974, c. 103, s. 5.
View to be
expedited
(2) The jury or coroner, as the case may be, shall view the
wreckage at the earliest moment possible. 1972, c. 98, s. 11 (2).
Shipment of
bodies
outside
Ontario
13. — (1) Subject to section 14, no person shall accept for
shipment or ship or take a dead body from any place in
Ontario to any place outside Ontario unless a certificate of a
coroner has been obtained certifying that there exists no
reason for further examination of the body. 1978, c. 38, s. 5.
Fee for
certificate
Embalming,
etc.,
prohibited
(2) An applicant for a certificate under subsection (1) shall pay
to the coroner such fee as is prescribed therefor.
(3) No person who has reason to believe that a dead body will
be shipped or taken to a place outside Ontario shall embalm or
make any alteration to the body or apply any chemical to the
Sec. 16 (2) (a) coroners Chap. 93 1181
body, internally or externally, until the certificate required by
subsection (1) has been issued. 1972, c. 98, s. 12 (2, 3).
14. A coroner may in writing authorize the transportation of a Transporta-
body out of Ontario for post mortem examination and, in such body°out of
case, section 37 of the Funeral Services Act does not Onta"o
I m-,o -ya ^ R.S.O. 1980,
apply. 1978, c. 38, s. 6. c. iso
15. — (1) Where a coroner is informed that there is in his Warrant for
jurisdiction the body of a person and that there is reason of bo^yT"
to believe that the person died in any of the circumstances investigation
mentioned in section 10, he shall issue his warrant to take
possession of the body and shall view the body and make
such further investigation as is required to enable him to
determine whether or not an inquest is necessary.
(2) Where the Chief Coroner has reason to believe that a "«"i
person died in any of the circumstances mentioned in section 10
and no warrant has been issued to take possession of the body,
he may issue the warrant himself or direct any coroner to do so.
(3) After the issue of the warrant, no other coroner shall Jurisdiction
issue a warrant or interfere in the case, except the Chief Coroner
or except under the instructions of the Minister.
(4) Subject to the approval of the Chief Coroner, a coroner ^"Jf^ngg
may obtain assistance or retain expert services for all or any
part of his investigation or inquest.
(5) A coroner may proceed with an investigation without No warrant
taking possession of the body where the body has been
destroyed in whole or in part or is lying in a place from which
it cannot be recovered or has been removed from Ontario.
1972. c. 98. s. 13.
16. — (1) A coroner may, investigative
powers
(a) view or take possession of any dead body, or both;
and
[h) enter and inspect any place where a dead body is and
any place from which the coroner has reasonable
grounds for believing the body was removed. 1972,
c. 98, s. 14 (1).
(2) A coroner may, where he believes on reasonable and ^*®'"
probable grounds that to do so is necessary for the purposes
of the investigation,
(a) inspect any place in which the deceased person was,
or in which the coroner has reasonable grounds to
believe the deceased person was, prior to his death;
1182
Chap. 93
CORONERS
Sec. 16 (2) (6)
(6) inspect and extract information from any records
or writings relating to the deceased or his circum-
stances and reproduce such copies therefrom as the
coroner beheves necessary;
(c) seize anything that the coroner has reasonable grounds
to believe is material to the purposes of the
investigation. 1972, c. 98, s. 14 (2) ; 1974, c. 103, s. 6.
Delegation (3) A coroner may authorize a legally qualified medical
of powers ^ '. . i. rr- . 11 r I.-
practitioner or a police omcer to exercise all or any of his
powers under subsection (1).
wem (4) A coroner may, where in his opinion it is necessary
for the purposes of the investigation, authorize a legally
qualified medical practitioner or a police officer to exercise
all or any of his powers under clauses (2) (a), (b) and (c) but, where
such power is conditional on the belief of the coroner, the requisite
belief shall be that of the coroner personally.
Return of
things seized
(5) Where a coroner seizes anything under clause (2) (c), he shall
place it in the custody of a police officer for safekeeping and shall
return it to the person from whom it was seized as soon as is
practicable after the conclusion of the investigation or, where
there is an inquest, of the inquest, unless he is authorized or
required by law to dispose of it otherwise.
Obstruction
of coroner
(6) No person shall knowingly.
(a) hinder, obstruct or interfere with or attempt to
hinder, obstruct or interfere with ; or
(b) furnish with false information or refuse or neglect
to furnish information to,
a coroner in the performance of his duties or a person
authorized by him in connection with an investigation. 1972,
c. 98, s. 14 (3-6).
kfve^t^gation ^'^- — ^^^ ^ coroner may at any time transfer an investi-
gation to another coroner where in his opinion the investi-
gation may be continued or conducted more conveniently by
that other coroner or for any other good and sufficient
reason.
Investigation (2) The coroner to whom an investigation is transferred
and inquest \/ . . °,
shall proceed with the investigation in the same manner as
if he had issued the warrant to take possession of the body.
Sec. 20 (ft) CORONERS Chap. 93 1183
(3) The coroner who transfers an investigation to another ofcwef "°°
coroner shall notify the Chief Coroner of the transfer, and the coroner
Chief Coroner shall assist in the transfer upon request.
(4) The coroner who transfers an investigation to another ^3*^1^0"*°^
coroner shall transmit to him the report of the Post mortem first
iiiv68tfifir£itioii
examination of the body, if any, and his signed statement
setting forth briefly the result of his investigation and any
evidence to prove the fact of death and the identity of the
body. 1978, c. 38, s. 7.
18. — (1) Where the coroner determines that an inquest is statement
unnecessary, he shall forthwith transmit to the Chief Coroner, inquest
and a copy to the Crown attorney, a signed statement setting
forth briefly the result of the investigation, and shall also
forthwith transmit to the division registrar a notice of the
death in the form prescribed by the Vital Statistics Act. 1972, R so. i98o,
c. 98, s. 16 (1); 1974, c. 103, s. 7. ' "■"*
(2) Every coroner shall keep a record of the cases reported Record of
\ ■ J ■ , •, , investigations
m which an mquest has been determmed to be unnecessary,
showing for each case the identity of the deceased and the
coroner's findings of the facts as to how, when, where and by
what means the deceased came by his death, including the
relevant findings of the post mortem examination and of any
other examinations or analyses of the body carried out, and
such information shall be available to the spouse, parents,
children, brothers and sisters of the deceased and to his
personal representative, upon request. 1972, c. 98, s. 16 (2).
19. Where the coroner determines that an inquest is neces- l^^^'g*^'^ ^*""
sary, he shall issue his warrant for an inquest, and shall
forthwith transmit to the Chief Coroner, and a copy to the
Crown attorney, a signed statement setting forth briefly the
result of the investigation and the grounds upon which he
determined that an inquest should be held. 1972, c. 98, s. 17.
20. When making a determination whether an inquest is ^^ner
necessarv or unnecessary, the coroner shall have regard to shall
-' *-' consider
whether the holding of an inquest would serve the public and have
r6f &i^ to
interest and, without restricting the generality of the fore-
going, shall consider,
(fl) whether the matters described in clauses 31(1) (a) to (e)
are known;
(6) the desirability of the public being fully informed
of the circumstances of the death through an
inquest; and
1184
Chap. 93
CORONERS
Sec. 20 (c)
(c) the hkelihood that the jury on an inquest might
make useful recommendations directed to the avoid-
ance of death in similar circumstances. 1978, c. 38,
s. 8.
Where body
destroyed
or removed
from Ontario
21. Where a coroner has reason to believe that a death
has occurred in circumstances that warrant the holding of
an inquest but, owing to the destruction of the body in
whole or in part or to the fact that the body is lying in a
place from which it cannot be recovered, or that the body
has been removed from Ontario, an inquest cannot be held
except by virtue of this section, he shall report the facts
to the Chief Coroner who may direct an inquest to be held
touching the death, in which case an inquest shall be held
by the coroner making the report or by such other coroner
as the Chief Coroner directs, and the law relating to coroners
and coroners' inquests applies with such modifications as
are necessary in consequence of the inquest being held
otherwise than on or after a view of the body. 1972, c. 98,
s. 18.
Minister
may direct
coroner to
hold Inquest
22. Where the Minister has reason to believe that a death
has occurred in Ontario in circumstances that warrant the
holding of an inquest, he may direct any coroner to hold an
inquest and the coroner shall hold the inquest into the death
in accordance with this Act, whether or not he or any other
coroner has viewed the body, made an investigation, held an
inquest, determined an inquest was unnecessary or done any
other act in connection with the death. 1978, c. 38, s. 9.
^°^: 23. — (1) The Minister may appoint a commissioner to
missioner ^ ' -^ ^'^
conduct an inquest in place of a coroner where the Minister
considers it advisable.
Powers
(2) A commissioner appointed under subsection (1) has all the
powers and duties of the coroner otherwise having jurisdiction
for all purposes connected with the inquest and the coroner shall
be deemed to be a person with standing at the inquest. 1972,
c. 98,s. 20.
Minister
may direct
that body be
disinterred
R.S.O. 1980,
c. 59
Direction
by Chief
Coroner
24. Notwithstanding anything in the Cemeteries Act,
the Minister may, at any time where he considers it necessary
for the purposes of an investigation or an inquest, direct
that a body be disinterred under and subject to such con-
ditions as the Minister considers proper. 1978, c. 38, s. 10.
25. — (1) The Chief Coroner may direct any coroner in
respect of any death to issue a warrant to take possession of
the body, conduct an investigation or hold an inquest, or
may direct any other coroner to do so or may intervene to
Sec. 27 (3) CORONERS Chap. 93 1185
act as'coroner personally for any one or more of such purposes.
1978, c. 38, s. 11.
(2) Where two or more deaths appear to have occurred mSitipie"*^
in the same event or from a common cause, the Chief Coroner deaths
may direct that one inquest be held into all of the deaths.
1974, c. 103, s 8.
26. — (1) Where the coroner determines that an inquest ^^f^^^^
is unnecessary, the spouse, parent, child, brother, sister or inquest
personal representative of the deceased f)erson may request
the coroner in writing to hold an inquest, and the coroner
shall give the person requesting the inquest an opportunity to
state his reasons, either personally, by his agent or in writing,
and the coroner shall advise the person in writing within
sixty days of the receipt of the request of his final decision
and where the decision is to not hold an inquest shall deliver
his reasons therefor in writing.
(2) Where the final decision of a coroner under subsection ^®^^°^
(1) is to not hold an inquest, the person making' the request
may, within twenty days after the receipt of the decision
of the coroner, request the Chief Coroner to' review the
decision and the Chief Coroner shall review the decision
of the coroner after giving the p>erson requesting the inquest
an opportunity to state his reasons either personally, by his
agent or in writing.
(3) Subject to section 22, the decision of the Chief Coroner is ^**°°
final. 1974, c. 103, s. 9.
27. — (1) Where a person is charged with an offence under ^^^^^^
the Criminal Code (Canada) arising out of a death, an inquest °?®°^®,
touching the death shall be held only upon the direction r.s.c. i970.
of the Minister and, when held, the jjerson charged is not a*^-^^
compellable witness.
(2) Where during an inquest a person is charged with an ^^^^
offence under the Criminal Code (Canada) arising out of the
death, the coroner shall discharge the jury and close the
inquest, and shall then proceed as if he had determined that
an inquest was unnecessary, but the Minister may direct that
the inquest be reopened.
(3) Notwithstanding subsections (1) and (2), where a person ^^'^ ^^
is charged with an offence under the Criminal Code (Canada) *pp«*'
arising out of the death and the charge or any appeal from a disposed of
conviction or an acquittal of the offence charged has been
finally disposed of or the time for taking an appeal has
expired, the coroner may issue his warrant for an inquesti
1186
Chap. 93
CORONERS
Sec. 27 (3)
and the person charged is a compellable witness at the inquest.
1978, c. 38, s. 12.
examTnaUcnis *^^' — ^^^ ^ coroner may at any time during an investigation
and or inquest issue his warrant for a post mortem examination of
analyses , , , i • r i i i i • r i
the body, an analysis of the blood, urine or contents of the
stomach and intestines, or such other examination or analysis
as the circumstances warrant. 1972, c. 98, s. 23 (1).
R6P0'"t (2) The person who performs the post mortem examination
shall forthwith report his findings in writing only to the
coroner who issued the warrant, the Crown attorney, the
regional coroner and the Chief Coroner and the person who
performs any other examination or analysis shall forthwith
report his findings in writing only to the coroner who issued
the warrant, the person who performed the post mortem
examination, the Crown attorney, the regional coroner and the
Chief Coroner. 1978, c. 38, s. 13.
Extraction
and use of
pituitary
gland
Objections
29. — (1) Any person performing a post mortem examina-
tion of a body under the warrant of a coroner may extract
the pituitary gland and cause it to be delivered to any person
or agency designated by the Chief Coroner for use in the
treatment of persons having a growth hormone deficiency.
(2) This section applies where the coroner or person per-
forming the post mortem examination has no reason to believe
that the deceased has expressed an objection to his body
being so dealt with after his death or that the surviving,
spouse, parent, child, brother, sister or personal representa-
tive objects to the body being so dealt with, and notwith-
standing that no consent otherwise required by law is given.
1978, c. 95, s. 1.
Notice to
Crown
attorney
Counsel for
Minister
Purposes
of inquest
30. — (1) Every coroner before holding an inquest shall
notify the Crown attorney of the time and place at which it
is to be held and the Crown attorney or a barrister and
solicitor or any other person designated by him shall attend
the inquest and shall act as counsel to the coroner at the
inquest. 1978', c. 38, s. 14.
(2) The Minister may be represented at an inquest by
counsel and shall be deemed to be a person with standing
at the inquest for the purpose. 1974, c. 103, s. 11 (2).
31. — (1) Where an inquest is held, it shall inquire into the
circumstances of the death and determine,
{a) who the deceased was ;
{b) how the deceased came to his death ;
Sec. 34(1) CORONERS Chap. 93 1187
(c) when the deceased came to his death ;
{d) where the deceased came to his death ; and
{e) by what means the deceased came to his death.
1972, c. 98, s. 25 (1); 1978, c. 38, s. 15 (1).
(2) The jury shall not make any finding of legal responsibility i^^em
or express any conclusion of law on any matter referred to in
subsection (1).^ 1972, c. 98, s. 25 (2).
(3) Subject to subsection (2), the jury may make recom- 0/^^^°''**^^
mendations directed to the avoidance of death in similar to make
, recom-
circumstances or respectmg any other matter arismg out 01 mendations
the inquest. 1978, c. 38, s. 15 (2).
(4) A finding that contravenes subsection (2) is improper and fl^ding*'^
shall not be received.
(5) Where a jury fails to dehver a proper finding it shall ^^i^^k^
be discharged. 1972, c. 98, s. 25 (4, 5). properfinding
32. An inquest shall be open to the public except where ^"•^ffc'
the coroner is of the opinion that national security might
be endangered or where a person is charged with an indictable
offence under the Criminal Code (Canada) in which cases ^ c-34 ^^^°'
the coroner may hold the hearing concerning any such matters
in camera. 1972, c. 98, s. 26.
33. — (1) Except as provided in subsection (4), every inquest J""^*
shall be held with a jury composed of five persons.
(2) The coroner shall direct a constable to select from the list of Jurors
names of persons provided under subsection 34 (2) five persons
who in his opinion are suitable to serve as jurors at an inquest and
the constable shall summon them to attend the inquest at the time
and place appointed.
(3) Where fewer than five of the jurors so summoned ^^^"^
attend at the inquest, the coroner may name and appoint
so many persons then present or who can be found as will
make up a jury of five.
(4) With the consent of the Chief Coroner, an inquest in a Jji^gout
provisional judicial district may be held without a jury. 1978, jury in
'^^„,J -^ } J provisional
C. 38, S. 16. judicial
district
34. — (1) A coroner mav bv his warrant require the Pftof
' - - ^ jurors
sheriff of a county or district in which an inquest is to
be held to provide a list of the names of such number of
1188
Chap. 93
CORONERS
Sec. 34 (1)
persons as the coroner specifies in the warrant taken from the jury
R.s.o. 1980, roll prepared under the Juries Act.
C. 226 ^ ^
Idem
(2) Upon receipt of the warrant, the sheriff shall provide
the list containing names of persons in the number specified
by the coroner, taken from the jury roll prepared under
the Juries Act, together with their ages, places of residence and
occupations.
Eii^biuty (3) No person who is ineligible to serve as a juror under
the Juries Act shall be summoned to serve or shall serve as a juror
at an inquest.
Idem (4) An officer, employee or inmate of a hospital or an institution
referred to in subsection 10 (2) or (3) shall not serve as a juror at an
inquest upon the death of a person who died therein.
Somservioe ^^^ '^^^ coroner may excuse any person on the list
from being summoned or from serving as a juror on
the grounds of illness or hardship.
Exclusion of
luror with
interest
(6) The coroner presiding at an inquest may exclude
a person from being sworn as a juror where the coroner
believes there is a likelihood that the person, because of
interest or bias, would be unable to render a verdict in
accordance with the evidence.
^or^fof °^ (7) Where in the course of an inquest the coroner is
lUness satisfied that a juror should not, because of illness or
other reasonable cause, continue to act, the coroner may
discharge the juror.
witoreduced^ (^) Where in the course of an inquest a member of
Jury the jury dies or becomes incapacitated from any cause
or is excluded or discharged by the coroner under sub-
section (6) or (7) or is found to be ineligible to serve, the
jury shall, unless the coroner otherwise directs and if the
number of jurors is not reduced below three, be deemed
to remain properly constituted for all purposes of the
inquest. 1974, c. 103, s. 12, part.
Report to
sheriff
35. On or before the 31st day of December in each
year, the coroner shall advise the sheriff of the names of
persons who have received fees for service as jurors at
inquests and the number of each such name on the jury
roll. 1974, c. 103, s. 12, part.
^'t^^tiate^^ ^^* ^^^ omission to observe any of the provisions
proceedings of this Act or the regulations respecting the eligibility
Sec. 40(4) CORONERS Chap. 93 1189
and selection of jurors is not a ground for impeaching or
quashing a verdict. 1974, c. 103, s. 12, part.
87. — (1) The jury shall view the body where the coroner v^**' ^^^
disp
wlt>
t3 t » 111 X lie luiy oucui view Lii^ uyjsjiy wii^iv uiv v.v/iwii\>i ti j w
^ ' J -^ •' body may be
directs them to do so. ?.*8,^°*«°
(2) The jurors are entitled to ask relevant questions of each Questions
witness. 1972, c. 98, s. 29. ^^ ^"""^
88. A verdict or finding may be returned by a majority of the Majority
jurors sworn. 1972, c. 98, s. 30.
39. A summons to a juror or to a witness may be served by service of
.. .1 1 -111 1 summonses
personal service or by sending it by registered mail addressed to
the usual place of abode of the person summoned. 1972, c. 98,
s. 31.
40. — (1) A coroner may require any person by summons, Summonses
(a) to give evidence on oath or affirmation at an inquest ;
and
{b) to produce in evidence at an inquest documents
and things specified by the coroner,
relevant to the subject-matter of the inquest and admissible.
(2) A summons issued under subsection (1) shall be in Form Ifg^'JJ.e of
and shall be signed by the coroner. summonses
(3) Upon proof to the satisfaction of a judge of the county Bench
or district court of the service of a summons under this section
upon a person and that,
(a) such person has failed to attend or to remain in
attendance at an inquest in accordance with the
requirements of the summons ; and
{b) his presence is material to the inquest ,
the judge may, by his warrant in Form 2, directed to any
sheriff, police officer or constable, cause such witness to be
apprehended anjrwhere within Ontario and forthwith to be
brought to the inquest and to be detained in custody as the
judge may order until his presence as a witness at the inquest
is no longer required, or, in the discretion of the judge, to be
released on a recognizance (with or without sureties) con-
ditioned for appearance to give evidence.
(4) Service of a summons may be proved by affidavit in an ^'"^°ce '^
application under subsection (3).
1190
Chap. 93
CORONERS
Sec. 40 (5)
Certificate
of facts
(5) Where an application under subsection (3) is made on
behalf of a coroner, the coroner may certify to the judge the
facts relied on to establish that the presence of the jxTson
summoned is material for the purposes of the inquest and
such certificate may be accepted bv the judge as proof of
such facts. lf)72,c'. 98.S. 32.
Persons
with
standi ngr
at inquest
41. — (1) On the application of any person before or during
an inquest, the coroner shall designate him as a person with
standing at the inquest if he finds that the person is sub-
stantially and directly interested in the inquest.
Rights of (2) A person designated as a person with standing at an
persons with . ' " '■
standing at mquest may,
inquest
{a) be represented by counsel or an agent ;
(6) call and examine witnesses and present his arguments
and submissions;
(c) conduct cross-examinations of witnesses at the
inquest relevant to the interest of the person with
standing and admissible. 1972, c. 98, s. 33.
Protection
for
witnesses
42. — (1) A witness at an inquest shall be deemed to have
objected to answer any question asked him upon the ground
that his answer may tend to criminate him or may tend to
establish his liability to civil proceedings at the instance of
the Crown, or of any person, and no answer given by a
witness at an inquest shall be used or be receivable in evidence
against him in any trial or other proceedings against him
thereafter taking place, other than a prosecution for perjury
in giving such evidence. 1972, c. 98, s. 34 (1).
Right to
object under
R.S.C. 1970,
c. E-10
(2) Where it appears at any stage of the inquest that the
evidence that a witness is about to give would tend to
criminate him, it is the duty of the coroner and of the
Crown attorney to ensure that the witness is informed of his
rights under section 5 of the Canada Evidence Act. 1972, c. 98,
s. 34 (2) ; 1974, c. 103, s. 13.
witnesses *^* — ^^^ ^ witness at an inquest is entitled to be advised
to counsel by his counsel or agent as to his rights but such counsel or
agent may take no other part in the inquest without leave
of the coroner.
Idem
(2) WTiere an inquest is in camera, a counsel or agent
for a witness is not entitled to be present except when that
witness is giving evidence. 1972, c. 98, s. 35.
Sec. 45 (2) CORONERS Chap. 93 1191
44. — (1) Subject to subsections (2) and (3), a coroner may ^^fggibie
admit as evidence at an inquest, whether or not admissible as in evidence
^ at inquest
evidence in a court,
(a) any oral testimony ; and
(Z>) any document or other thing,
relevant to the purposes of the inquest and may act on such
evidence, but the coroner may exclude anything unduly
repetitious or anything that he considers does not meet such
standards of proof as are commonly relied on by reasonably
prudent men in the conduct of their own affairs and the coroner
may comment on the weight that ought to be given to any
particular evidence.
(2) Nothing is admissible in evidence at an inquest, inadmissible
in evidence
at inquest
(a) that would be inadmissible in a court by reason
of any privilege under the law of evidence; or
(b) that is inadmissible by the statute under which
the proceedings arise or any other statute.
(3) Nothing in subsection (1) overrides the provisions of anyC°°^i<^**
Act expressly limiting the extent to or purposes for which any
oral testimony, documents or things may be admitted
or used in evidence.
(4) Where the coroner is satisfied as to their authenticity, copies
a copy of a document or other thing may be admitted as
evidence at an inquest.
(5) Where a document has been filed in evidence at an Photocopies
inquest, the coroner may, or the person producing it or
entitled to it may with the leave of the coroner, cause
the document to be photocopied and the coroner may
authorize the photocopy to be filed in evidence in the
place of the document filed and release the document
filed, or may furnish to the person producing it or the
person entitled to it a photocopy of the document filed
certified by the coroner. 1972. c. 98, s. 36.
45. — (1) The evidence upon an inquest or any part of itTa.kmg^
shall be recorded by a person appointed by the coroner and
approved by the Crown attorney and who before acting shall
make oath or affirmation that he will truly and faithfully
record the evidence.
(2) It is not necessary to transcribe the evidence unless ^videm;e°°
the Minister, Chief Coroner or Crown attorney orders it to
1192
Chap. 93
CORONERS
Sec. 45 (2)
Adjourn-
ments
Maintenance
of order at
inquest
Interpreters
Constables
at inquest
Administra-
tion of oaths
be done or unless any other person requests a copy of the transcript
and pays the fees therefor, except that the coroner may prohibit
the transcribing of all or any part of evidence taken in camera.
1972, c. 98, s. 37.
46. An inquest may be adjourned from time to time by
the coroner of his own motion or where it is shown to the
satisfaction of the coroner that the adjournment is required
to permit an adequate hearing to be held. 1972, c. 98, s. 38.
47. A coroner may make such orders or give such directions
at an inquest as he considers necessary for the maintenance
of order at the inquest, and, if any person disobeys or fails to
comply with any such order or direction, the coroner may call
for the assistance of any peace officer to enforce the order or
direction, and every peace officer so called upon shall take
such action as is necessary to enforce the order or direction and
may use such force as is reasonably required for that
purpose. 1972,c. 98,s. 39.
48. — (1) A coroner may, and if required by the Crown
attorney or requested by the witness shall, employ a person
to act as interpreter for a witness at an inquest, and such
person may be summoned to attend the inquest and before
acting shall make oath or affirm that he will truly and
faithfully translate the evidence. 1972, c. 98, s. 40 (1).
(2) A coroner may appoint such persons as constables
as he considers necessary for the purpose of assisting him
in an inquest and, on the request of the coroner, the
police force having jurisdiction in the locality in which
an inquest is held shall provide a police officer for the
purpose and, before acting, every such constable shall
take oath or affirm that he will faithfully perform his
duties. 1974, c. 103, s. 14.
49. The coroner conducting an inquest has power to
administer oaths and affirmations for the purpose of the
inquest. 1972, c. 98, s. 41.
Abuse of
processes
50. — (1) A coroner may make such orders or give such direc-
tions at an inquest as he considers proper to prevent abuse of its
processes.
Limitation (2) A coroner may reasonably limit further cross-examination
exam?nation of a witncss whcrc he is satisfied that the cross-examination
of the witness has been sufficient to disclose fully and fairly
the facts in relation to which he has given evidence.
Exclusion
of agents
(3) A coroner may exclude from a hearing anyone, other
than a barrister and solicitor qualified to practise in Ontario,
Sec. S3 CORONERS Chap. 93 1193
appearing as an agent advising a witness if he finds that such
person is not competent properly to advise the witness
or does not understand and comply at the inquest with the
duties and responsibilities of an adviser. 1972, c. 98, s. 42.
51. Where any person without lawful excuse, contempt
_ proceedings
(a) on being duly summoned as a witness or a juror at an
inquest makes default in attending at the inquest ; or
(6) being in attendance as a witness at an inquest,
refuses to take an oath or to make an affirmation
legally required by the coroner to be taken or made,
or to produce any document or thing in his power
or control legally required by the coroner to be pro-
duced by him or to answer any question to which the
coroner may legally require an answer ; or
(c) does any other thing that would, if the inquest had
been a court of law having power to commit for
contempt, have been contempt of that court,
the coroner may state a case to the Divisional Court setting
out the facts and that court may, on application on behalf
of and in the name of the coroner, inquire into the matter and,
after hearing any witnesses who may be produced against or
on behalf of that person and after hearing any statement that
may be offered in defence, punish or take steps for the
punishment of that person in like manner as if he had been
guilty of contempt of the court. 1972, c. 98, s. 43.
52. — (1) The coroner shall forthwith after an inquest return Return of
the verdict or finding, with the evidence where the Minister,
Crown attorney or Chief Coroner has ordered it to be tran-
scribed, to the Chief Coroner, and shall transmit a copy of the
verdict and recommendations to the Crown attorney. 1972,
c. 98, s. 44.
(2) After an inquest is concluded, the coroner shall,, ^^®^|^f®g°f
upon request, release documents and things put in evidence
at the inquest to the lawful owner or person entitled to
possession thereof. 1974, c. 103, s. 15.
53. No action or other proceeding for damages lies or Protection
shall be instituted against a coroner or any person acting liability
under his authority for an act done by him in good faith
in the performance or intended performance of any power
or duty under this Act or the regulations, or for any neglect
or default in the performance in good faith of any such power
or duty. 1978, c. 38, s. 17.
1194 Chap. 93 CORONERS Sec. 54
Seals not 54. In proceedings under this Act, it is not necessary for a
person to affix a seal to a document, and no document is
invalidated by reason of the lack of a seal, even though the
document purports to be sealed. 1972, c. 98, s. 45.
Penalty 55. Any person who contravenes section 10, 11, 13 or subsec-
tion 16 (6) is guilty of an offence and on conviction is liable to a
fine of not more than $1,000 or to imprisonment for a term of not
more than six months, or to both. 1972, c. 98, s. 46.
Regulations 56. The Lieutenant Governor in Council may make regula-
tions,
(a) prescribing powers and duties of the Chief Coroner ;
(b) prescribing fees and allowances for coroners for
services performed under this or any other Act and
providing for the adjustment of such fees and
allowances in special circumstances;
(c) prescribing fees and allowances that shall be paid to
persons rendering services in connection with coroners'
investigations and inquests and providing for the
adjustment of such fees in special circumstances;
(d) providing for the selecting, recording, summoning,
attendance and service of persons as jurors at inquests;
(e) prescribing the contents of oaths and affirmations
required or authorized by this Act;
(/) prescribing matters that may be grounds for disqualifi-
cation because of interest or bias of jurors for the pur-
poses of subsection 34 (6).
(g) prescribing forms and providing for their use;
(h) prescribing additional rules of procedure for inquests.
1972, c. 98, s. 47; 1974, c. 103, s. 16.
Form 2 coroners Chap. 93 1195
FORM 1
Coroners Ait
(Section 40 (2) )
SUMMONS TO A WITNESS BEFORE AN INQUEST
RE : ^ — — '"'^ , deceased
TO:
You are hereby summoned and required to attend before an inquest
to be held
at in the of
on day. the day of
19 at the hour of o'clock in the noon (local
time), and so from day to day until the inquest is concluded or the coroner
otherwise orders, to give evidence on oath touching the matters in
question in the proceedings and to bring with you and produce at such time
and place
Dated this day of 19.
Coroner
NOTE:
If you fail to attend and give evidence at the inquest, or to produce the
documents or things specified, at the time and place specified, without
lawful excuse, you are liable to punishment by a judge of the county or
district court in the same manner as if for contempt of that court for
disobedience to a subpoena.
^ 1972. c. 98, Form 1.
FORM 2
Coroners Act
(Section 40 (3) )
BENCH WARRANT
PROVINCE OF ONTARIO
TO:A B., Sheriff, etc.
WHEREAS proof has been made before me that CD. was duly summoned
to appear before an inquest into the death of
deceased, at Toronto (or as the case may be) on the.
day of 19. ... ; that the presence of the said CD. is
material to the inquest, and that the said CD. has failed to attend in
accordance with the requirements of the summons.
1196 Chap. 93 coroners Form 2
THESE are therefore to command you to take the said CD, to bring
and have him before the said inquest at Toronto (or as the case may be) there
to testify what he may know concerning the matters in question in the said
inquest, and that you detain him in your custody until he has given his
evidence or until the said inquest has ended or until other orders may be
made concerning him.
GIVEN UNDER MY HAND this day of.
19 at
Judge of the County (District) Court
of the County (District) of
1972, c. 98. Form 2.
u
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